Opinion
Decided May 8, 1984
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Alfred J. Callahan, J.
Kenneth A. Schultz for appellant.
Robert Abrams, Attorney-General ( Thomas P. Dorsey and Peter H. Schiff of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
There is no basis, on this record, for concluding that petitioner's probationary appointment was terminated for patient abuse, rather than for the stated reason of unsatisfactory performance. Accordingly, petitioner is not entitled to a name-clearing hearing, inasmuch as the reason for dismissal was not of a stigmatizing nature ( Matter of Petix v Connelie, 47 N.Y.2d 457). Whether respondent had a good-faith basis for terminating petitioner is an issue beyond our powers of review, given the findings below ( Matter of Lentlie v Egan, 61 N.Y.2d 874).
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, in a memorandum.