Matter of Medina v. Brown

Full title: In the Matter of RODRIGO MEDINA, Appellant, v. LEE P. BROWN, as…

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

Date published: Mar 9, 1995

213 A.D.2d 195 (N.Y. App. Div. 1995)

624 N.Y.S.2d 809

Opinion

March 9, 1995

Appeal from the Supreme Court, New York County (Peter Tom, J.).

The IAS Court properly found petitioner's March 12, 1993 motion to be one merely for reargument, denial of which is non-appealable (Mariani v. Dryer, 193 A.D.2d 456, 458, lv denied 82 N.Y.2d 658). Were we to review the merits, we would affirm because petitioner, a probationary employee, failed to demonstrate that he was terminated in bad faith, for a constitutionally impermissible purpose or in violation of statutory or decisional law (Matter of York v. McGuire, 63 N.Y.2d 760).

Concur — Sullivan, J.P., Rosenberger, Kupferman, Asch and Mazzarelli, JJ.