Opinion
July 15, 1985
Appeal from the Supreme Court, Dutchess County (Rosenblatt, J.).
Judgment affirmed, with costs.
Inasmuch as there was a rational basis for the determination dismissing the petitioner, a probationary employee who had been on medical leave without pay for some five months prior to the termination of her employment, the determination sought to be reviewed was neither arbitrary nor capricious ( see, Matter of Talamo v. Murphy, 38 N.Y.2d 637, 639). Nor is there any support for petitioner's contention that there was a discriminatory motive for her discharge in contravention of Executive Law § 296 ( see, Matter of Miller v. Ravitch, 60 N.Y.2d 527, 532) since the record indicates that she was not reasonably able to perform the duties of the subject position. Brown, J.P., Weinstein, Niehoff and Lawrence, JJ., concur.