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Matter of Lezkow v. Office of Ct. Admin

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1998
248 A.D.2d 1004 (N.Y. App. Div. 1998)

Opinion

March 13, 1998

Appeal from the Supreme Court, Onondaga County, Major, J. — CPLR art 78.

Present — Pine, J. P., Wisner, Callahan, Boehm and Fallon, JJ.


Judgment unanimously affirmed without costs. Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking judicial review of his termination as an at-will employee of respondent. Supreme Court properly granted respondent's cross motion to dismiss the petition for failure to state a cause of action. There is a "very strong presumption" that respondent acted appropriately (Matter of Diaz v. Goldman, 225 A.D.2d 344, 346), and petitioner bore the burden of pleading and proving that respondent acted in bad faith (see, Matter of Thomas v. Abate, 213 A.D.2d 251; Matter of D'Arpe v. Brown, 197 A.D.2d 455; Matter of Soto v. Koehler, 171 A.D.2d 567, 568, lv denied 78 N.Y.2d 855). Petitioner's conclusory allegations of bad faith based upon speculation are insufficient as a matter of law to meet that burden and to require a hearing on the issue of bad faith (see, Matter of Thomas v. Abate, supra; Matter of Cortijo v. Ward, 158 A.D.2d 345; Matter of Whelan v. Rozzi, 155 A.D.2d 603).


Summaries of

Matter of Lezkow v. Office of Ct. Admin

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1998
248 A.D.2d 1004 (N.Y. App. Div. 1998)
Case details for

Matter of Lezkow v. Office of Ct. Admin

Case Details

Full title:In the Matter of GARY J. LEZKOW, Appellant, v. OFFICE OF COURT…

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

Date published: Mar 13, 1998

Citations

248 A.D.2d 1004 (N.Y. App. Div. 1998)
670 N.Y.S.2d 148