Summary
In Abbondandolo v Edwards, 174 AD2d 737, the Court held that the fact that "the City of Glen Cove Police Department, in making its determination, relied on the reports and opinions of those who actually supervised the petitioner, is not evidence of bad faith or that the determination was arbitrary and capricious."
Summary of this case from In re Bonanno v. Nassau Cty. Civ. Serv. Comm.Opinion
June 24, 1991
Appeal from the Supreme Court, Nassau County (Yachnin, J.).
Ordered that the judgment is affirmed, with costs.
As a probationary employee, the petitioner's employment could be terminated without a hearing and without specific reasons being stated, and, in the absence of bad faith or reasons prohibited by law, the determination must be upheld (see, Matter of Leon v Meehan, 67 N.Y.2d 613; Matter of LaMotta v New York City Tr. Auth., 165 A.D.2d 875). There is ample evidence in the record supporting the determination by the City of Glen Cove Police Department. It cannot be said that the termination of his employment was made in bad faith.
"The burden of presenting legal and competent evidence to show a deprivation of petitioner's rights or bad faith or other arbitrary action constituting abuse of * * * discretion must be borne by petitioner" (Haberman v Codd, 48 A.D.2d 505, 508). That the City of Glen Cove Police Department, in making its determination, relied on the reports and opinions of those who actually supervised the petitioner, is not evidence of bad faith or that the determination was arbitrary and capricious (see, Matter of McCabe v County of Dutchess, 143 A.D.2d 670).
Moreover, the petitioner is not entitled to a name-clearing hearing, since the reasons for his dismissal have not been made public (see, Matter of Lentlie v Egan, 61 N.Y.2d 874; see also, Matter of Bergamini v Manhattan Bronx Surface Tr. Operating Auth., 62 N.Y.2d 897). Indeed, Civil Rights Law § 50-a forbids the respondents from disclosing such information, so there is no likelihood that it will be disclosed (cf., Brandt v Board of Coop. Educ. Servs., 820 F.2d 41).
We have examined the petitioner's remaining contentions and find them to be without merit. Kooper, J.P., Sullivan, Lawrence and Rosenblatt, JJ., concur.