Opinion
May 5, 1997
Appeal from the Supreme Court, Kings County (Barasch, J.).
Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits.
After nine years of service as a provisional employee, the petitioner's employment was terminated on June 27, 1995, without a hearing. Thereafter, he initiated this CPLR article 78 proceeding arguing that he had been appointed to the permanent position of Staff Analyst and therefore was entitled to a pre-termination hearing. Contrary to the petitioner's assertions, however, the termination of his employment occurred before the permanent Staff Analyst appointments were to be made. Therefore, the petitioner was terminated as a provisional Civil Service employee and as such was not entitled to a hearing or statement of reasons for his termination (see, Matter of Preddice v. Callanan, 69 N.Y.2d 812, 814; Matter of Geoghegan v. Rivera, 213 A.D.2d 716; Iritano v. New York City Tr. Auth., 175 A.D.2d 918, 919). Moreover, absent a violation of a constitutional or statutory provision, reinstatement is not an available remedy (see, Iritano v. New York City Tr. Auth., supra).
The parties' remaining contentions are without merit.
Miller, J.P., Altman, Goldstein and Florio, JJ., concur.