Opinion
March 11, 1994
Appeal from the Supreme Court, Jefferson County, Gilbert, J.
Present — Green, J.P., Balio, Lawton, Doerr and Boehm, JJ.
Judgment unanimously reversed on the law without costs, petition reinstated and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Petitioner appeals the dismissal of his petition in this CPLR article 78 proceeding to review a determination by respondents terminating petitioner's employment as Bridge Construction and Maintenance Supervisor at the conclusion of petitioner's probationary period. It is well settled that a probationary employee may be discharged without a hearing and without a statement of reasons. The courts will intervene only where it is shown that the discharge was made in bad faith, "with the burden of proof on the employee" (Reynolds v. Crosson, 183 A.D.2d 482, 483; see also, Matter of Cortijo v. Ward, 158 A.D.2d 345; De Sapio v. Koehler, 158 A.D.2d 307; Matter of Carlo v. City of New York, 156 A.D.2d 685, 686). The mere belief of bad faith or conclusory allegations thereof will not suffice (see, Matter of Medina v. Sielaff, 182 A.D.2d 424, 427; Matter of Whelan v. Rozzi, 155 A.D.2d 603).
We conclude that the evidence submitted by petitioner, consisting of his own affidavit and those of his co-workers, was sufficient to raise a question of fact on the issue of respondents' bad faith. Because respondents submitted conflicting affidavits, Supreme Court erred in summarily dismissing the petition (see, Matter of Harper v. Director of Bronx Dev. Ctr., 134 A.D.2d 197, 199). We, therefore, remit the matter to Supreme Court for a hearing on the issue of respondents' bad faith. We have examined petitioner's remaining arguments and find them to be without merit.