Opinion
10-25-2016
In the Matter of Diane MENDEZ, Respondent, v. NEW YORK CITY DEPARTMENT OF EDUCATION, et al., Appellants.
Zachary W. Carter, Corporation Counsel, New York City (Emma Grunberg, Richard Dearing and Fay Ng of counsel), for appellants. Respondent, precluded.
Zachary W. Carter, Corporation Counsel, New York City (Emma Grunberg, Richard Dearing and Fay Ng of counsel), for appellants.
Respondent, precluded.
On review of submissions pursuant to section 500.11 of the Rules, order, insofar as appealed from aning the determination to terminate petitioner's probationary employment, reversed, without costs, so much of the petition as sought to annul that determination dismissed, and certified question answered in the negative. Petitioner did not establish that the termination of her probationary employment “was for a constitutionally impermissible purpose, violative of a statute, or done in bad faith” (Matter of Frasier v. Board of Educ. of City School Dist. of City of N.Y., 71 N.Y.2d 763, 765, 530 N.Y.S.2d 79, 525 N.E.2d 725 [1988] ).
Chief Judge DiFIORE and Judges PIGOTT, RIVERA, ABDUS–SALAAM, STEIN, FAHEY and GARCIA concur.