Opinion
December 26, 1989
Appeal from the Supreme Court, Queens County (Di Tucci, J.).
Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits.
It is a well-established principle that the employment of a probationary employee may be terminated without a hearing and without specific reasons being stated therefor, and that, in the absence of bad faith, the determination will be upheld (see, Matter of York v McGuire, 63 N.Y.2d 760; Matter of Talamo v Murphy, 38 N.Y.2d 637; Matter of Jessamy v Fernandes, 145 A.D.2d 486; Matter of Dozier v New York City, 130 A.D.2d 128). Here, the petitioner has failed to establish that the dismissal was made in bad faith and was, therefore, arbitrary or capricious, or that it was made for a reason which is unconstitutional or violative of law (see, Matter of Bergamini v Manhattan Bronx Surface Tr. Operating Auth., 62 N.Y.2d 897).
In addition, the petitioner has failed to establish his entitlement to a name-clearing hearing since he proffered no evidence demonstrating that charges against him have been publicly disseminated (see, Matter of Lyles v Ravitch, 101 A.D.2d 862). The mere possibility of dissemination in the future is only speculative and is insufficient to warrant a hearing (see, Matter of Lentlie v Egan, 61 N.Y.2d 874; Matter of Jessamy v Fernandes, supra). Nor is the petitioner entitled to a hearing in an attempt to persuade the New York City Police Department to reinstate him (see, Morrash v Strobel, 842 F.2d 64, 68; Fiorentino v United States, 607 F.2d 963, 969, cert denied 444 U.S. 1083; see generally, Matter of Jessamy v Fernandes, supra). Mangano, J.P., Bracken, Sullivan and Balletta, JJ., concur.