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Matter of Hunter v. Abate

Appellate Division of the Supreme Court of New York, First Department
Jun 1, 1995
216 A.D.2d 1 (N.Y. App. Div. 1995)

Opinion

June 1, 1995

Appeal from the Supreme Court, New York County (Edward Lehner, J.).


As a probationary employee, petitioner's discharge without a hearing and without a statement of reasons was proper "in the absence of any demonstration that [the] dismissal was for a constitutionally impermissible purpose or in violation of statutory or decisional law" ( Matter of York v. McGuire, 63 N.Y.2d 760, 761), i.e., made in bad faith ( Matter of Johnson v. Katz, 68 N.Y.2d 649). Petitioner's assertion that his termination was made in bad faith because based on threats by the victim's family of a civil suit is unsupported. Nor can bad faith be inferred from petitioner's claims that petitioner was terminated after the victim's family complained to respondent Department. We have considered petitioner's other arguments and find them to be without merit.

Concur — Murphy, P.J., Rubin, Kupferman, Asch and Nardelli, JJ.


Summaries of

Matter of Hunter v. Abate

Appellate Division of the Supreme Court of New York, First Department
Jun 1, 1995
216 A.D.2d 1 (N.Y. App. Div. 1995)
Case details for

Matter of Hunter v. Abate

Case Details

Full title:In the Matter of ANDRE HUNTER, Appellant, v. CATHERINE ABATE, as…

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

Date published: Jun 1, 1995

Citations

216 A.D.2d 1 (N.Y. App. Div. 1995)
627 N.Y.S.2d 48