Opinion
October 21, 1993
Appeal from the Supreme Court, New York County (Carol E. Huff, J.).
As a probationary employee of the New York City Police Department, petitioner must show that his dismissal was for a constitutionally impermissible purpose, or was in violation of statutory or decisional law (Matter of Soto v. Koehler, 171 A.D.2d 567, 568). Petitioner's assertion that he was dismissed in bad faith, without the presentment of evidence which might demonstrate the validity of his claim does not satisfy this burden. (Matter of Cortijo v. Ward, 158 A.D.2d 345.) Petitioner's mere allegations that he was discriminated against because of his ethnic heritage, do not withstand scrutiny.
Petitioner has again presented no evidence to substantiate this claim. (McDonnell Douglas Corp. v. Green, 411 U.S. 792, 803.)
Concur — Sullivan, J.P., Carro, Ellerin, Kassal and Rubin, JJ.