Opinion
February 24, 1986
Appeal from the Supreme Court, Kings County (Lodato, J.).
Judgment affirmed, without costs or disbursements.
The petitioner, a probationary police officer in the New York City Transit Police Department, failed to pass his final medical examination which was conducted on December 10, 1984. An analysis of the petitioner's urine, by two separate tests, revealed the presence of cannabis. The petitioner was suspended and was allegedly offered the opportunity to resign or be dismissed from the Department. He chose to resign and submitted a handwritten letter to that effect. The petitioner subsequently instituted this proceeding for a judgment reinstating him to his position as a police officer on the ground that his resignation was obtained under duress and undue influence.
It is a fundamental axiom of civil service law that the employment of a probationary appointee may be terminated without specific reasons being given, without charges filed, and without a hearing (see, Matter of Talamo v. Murphy, 38 N.Y.2d 637; Matter of King v. Sapier, 47 A.D.2d 114, affd 38 N.Y.2d 960; Matter of Bonney v. Dilworth, 99 A.D.2d 468). Judicial review of such a termination is limited to an inquiry of whether the termination was made in bad faith and was therefore arbitrary and capricious (see, Matter of King v Sapier, supra). The evidence in the record in this case established that the termination of the petitioner's employment was made in good faith. Lazer, J.P., Thompson, Weinstein and Eiber, JJ., concur.