From Casetext: Smarter Legal Research

Matter of Leon v. Meehan

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1985
112 A.D.2d 935 (N.Y. App. Div. 1985)

Opinion

August 5, 1985

Appeal from the Supreme Court, Kings County (Hurowitz, J.).


Judgment reversed, on the law and the facts, without costs or disbursements, determination confirmed and proceeding dismissed on the merits.

It is a well-settled proposition that the employment of a probationary employee may be terminated "without a hearing and without specific reasons being stated and, in the absence of bad faith, the determination must be upheld ( Matter of Talamo v Murphy, 38 N.Y.2d 637; Matter of Sargeant v. Director, Brooklyn Developmental Center, 84 A.D.2d 843, affd 56 N.Y.2d 628; Matter of Sachs v. Board of Educ., 71 A.D.2d 898 [ affd 50 N.Y.2d 830]" ( Matter of Ostoyich v. State of New York, 99 A.D.2d 839).

In the absence of an allegation in the petition that the Chief of Police created and disseminated a false and defamatory impression about petitioner in connection with his termination, petitioner is not entitled to a name-clearing hearing ( Matter of Bergamini v. Manhattan Bronx Surface Tr. Operating Auth., 62 N.Y.2d 897). Mangano, J.P., Brown, O'Connor and Weinstein, JJ., concur.


Summaries of

Matter of Leon v. Meehan

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1985
112 A.D.2d 935 (N.Y. App. Div. 1985)
Case details for

Matter of Leon v. Meehan

Case Details

Full title:In the Matter of ASHFORD LEON, Respondent, v. JAMES B. MEEHAN, as Chief of…

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

Date published: Aug 5, 1985

Citations

112 A.D.2d 935 (N.Y. App. Div. 1985)

Citing Cases

Matter of Young v. Super. of Town of Lloyd

We find in this regard that the sworn affidavit of respondent Town Supervisor sufficiently raises a triable…

Matter of Leon v. Meehan

Albert C. Cosenza, Carla Lowenheim and Kenneth Howard Schiffrin for James B. Meehan, as Chief of the New York…