Matter of Jones v. Sielaff

Full title: In the Matter of DARYL JONES, Appellant, v. ALLYN R. SIELAFF, as…

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

Date published: Jan 7, 1993

189 A.D.2d 593 (N.Y. App. Div. 1993)

592 N.Y.S.2d 50

Opinion

January 7, 1993

Appeal from the Supreme Court, New York County (Kristin Booth Glen, J.).

A probationary employee can be terminated without a hearing and without a statement of reasons, judicial review being limited to whether the termination was made in bad faith (Matter of Soto v Koehler, 171 A.D.2d 567, 568, lv denied 78 N.Y.2d 855). Here, petitioner did not meet his burden of showing that respondent acted in bad faith, there being evidence in the record that respondent terminated petitioner because of four unauthorized absences within a period of five months, and that petitioner, by his own admission, did not comply with respondent's regulations concerning the reporting of illness or injury.

Concur — Milonas, J.P., Ellerin, Kupferman and Kassal, JJ.