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Matter of Dillard v. Alvarado

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 1986
118 A.D.2d 644 (N.Y. App. Div. 1986)

Opinion

March 10, 1986

Appeal from the Supreme Court, Kings County (Jones, J.).


Judgment affirmed, with costs.

It is well settled that a probationary employee may be discharged without a hearing and without a statement of reasons (see, Matter of York v. McGuire, 63 N.Y.2d 760, 761). The proper standard for judicial review of the respondent's termination of the petitioner's services as a probationary teacher, is whether his action was arbitrary and capricious (see, Matter of Kaufman v. Anker, 42 N.Y.2d 835, 836). A review of the record does not indicate that the respondent's termination of the petitioner's services was such an arbitrary and capricious act.

Accordingly, we affirm. Gibbons, J.P., Bracken, Weinstein and Niehoff, JJ., concur.


Summaries of

Matter of Dillard v. Alvarado

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 1986
118 A.D.2d 644 (N.Y. App. Div. 1986)
Case details for

Matter of Dillard v. Alvarado

Case Details

Full title:In the Matter of PATRICIA DILLARD, Appellant, v. ANTHONY J. ALVARADO, as…

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

Date published: Mar 10, 1986

Citations

118 A.D.2d 644 (N.Y. App. Div. 1986)

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