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Matter of Sindona v. Dugan

Appellate Division of the Supreme Court of New York, Second Department
Aug 31, 1998
253 A.D.2d 558 (N.Y. App. Div. 1998)

Opinion

August 31, 1998

Appeal from the Supreme Court, Westchester County (Rosato, J.).


Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contention, he was not entitled to a predischarge hearing or a postdischarge administrative review. "As a probationary employee, the petitioner's employment could be terminated without a hearing and without specific reasons being stated, and, in absence of bad faith or reasons prohibited by law, the determination must be upheld" ( Matter of Abbondandolo v. Edwards, 174 A.D.2d 737, citing Matter of Leon v. Meehan, 67 N.Y.2d 613; Matter of LaMotta v. New York City Tr. Auth., 165 A.D.2d 875). Accordingly, the petitioner was not denied due process as a result of the Yonkers Municipal Civil Service Commission directing that he be discharged from the position of Building Supervisor prior to the expiration of his probationary term.

There is no evidence in the record that either the Yonkers Municipal Housing Authority or the Yonkers Municipal Civil Service Commission created and disseminated a false and defamatory impression about the petitioner in connection with his discharge. Accordingly, the petitioner is not entitled to a name-clearing hearing ( see, Matter of Lentlie v. Egan, 61 N.Y.2d 874).

The petitioner's remaining contentions are without merit.

O'Brien, J. P., Santucci, Joy and Friedmann, JJ., concur.


Summaries of

Matter of Sindona v. Dugan

Appellate Division of the Supreme Court of New York, Second Department
Aug 31, 1998
253 A.D.2d 558 (N.Y. App. Div. 1998)
Case details for

Matter of Sindona v. Dugan

Case Details

Full title:In the Matter of DONALD M. SINDONA, Appellant, v. THOMAS F. DUGAN et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 31, 1998

Citations

253 A.D.2d 558 (N.Y. App. Div. 1998)
677 N.Y.S.2d 180