Opinion
December 12, 1988
Appeal from the Supreme Court, Westchester County (Colabella, J.).
Ordered that the judgments are affirmed, without costs or disbursements.
It is firmly established that the termination of the employment of a probationary employee without a statement of reasons or a hearing must be upheld unless there is a demonstration that the dismissal was violative of the Constitution, illegal, or made in bad faith (see, Matter of York v McGuire, 63 N.Y.2d 760; Matter of Dozier v New York City, 130 A.D.2d 128). The conclusory allegations of the petitioners were insufficient to sustain their burden (see generally, Matter of Talamo v Murphy, 38 N.Y.2d 637; Matter of Macklin v Powell, 107 A.D.2d 964) inasmuch as they failed to raise genuine factual issues as to the unconstitutionality or arbitrariness of the terminations (see, Matter of York v McGuire, 99 A.D.2d 1023, affd 63 N.Y.2d 760, supra; see generally, D'Aiuto v Department of Water Resources [Bureau of Water Supply], 51 A.D.2d 700).
The petitioners are not entitled to name-clearing hearings as there was no proof that the respondents created and disseminated a false and defamatory impression regarding the reasons for their terminations (see, Matter of Lentlie v Egan, 61 N.Y.2d 874; Matter of Bergamini v Manhattan Bronx Surface Tr. Operating Auth., 62 N.Y.2d 897; Matter of Miller v Siraguse, 134 A.D.2d 910).
We have considered the petitioners' remaining contentions and find them to be without merit. Bracken, J.P., Rubin, Sullivan and Balletta, JJ., concur.