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Matter of Bazemore v. Koehler

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 1991
169 A.D.2d 574 (N.Y. App. Div. 1991)

Opinion

January 24, 1991

Appeal from the Supreme Court, New York County (Leonard Cohen, J.).


On June 6, 1989, petitioner, a probationary correction officer, while off duty, shot and killed a person who allegedly attempted to stab an acquaintance of the petitioner. The officer failed to immediately report the incident, but voluntarily turned himself in two days later. Both the officer and his acquaintance were indicted for murder. On June 27, 1989, petitioner was dismissed as a correction officer, the termination retroactive to June 8, 1989, the date he surrendered to the police.

Petitioner argues his termination was arbitrary and capricious, and that he is entitled to a "name-clearing" hearing. We do not agree. A probationary employee may be discharged without a hearing or statement of reasons as long as the discharge was in good faith and without a constitutionally impermissible motive. (Matter of Montero v Lum, 68 N.Y.2d 253.) Further, as petitioner was dismissed without any stated reason, no defamatory impression was created, and he is not entitled to a name-clearing hearing.

Concur — Carro, J.P., Ellerin, Kupferman, Kassal and Rubin, JJ.


Summaries of

Matter of Bazemore v. Koehler

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 1991
169 A.D.2d 574 (N.Y. App. Div. 1991)
Case details for

Matter of Bazemore v. Koehler

Case Details

Full title:In the Matter of KEITH BAZEMORE, Appellant, v. RICHARD KOEHLER, as New…

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

Date published: Jan 24, 1991

Citations

169 A.D.2d 574 (N.Y. App. Div. 1991)
564 N.Y.S.2d 428