Opinion
November 10, 1987
Appeal from the Supreme Court, Monroe County, Curran, J.
Present — Dillon, P.J., Callahan, Green, Pine and Lawton, JJ.
Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Special Term erred in ordering a due process hearing and directing respondent to justify the termination of petitioner, a probationary employee. Evidence in the record supporting the conclusion that performance was unsatisfactory establishes that the discharge was made in good faith. Therefore, no hearing was required (see, Matter of Johnson v. Katz, 68 N.Y.2d 649, 650; Matter of York v. McGuire, 63 N.Y.2d 760, 761). Moreover, since petitioner did not establish that respondent disseminated a false impression about the reason for his termination, there is no need for a name-clearing hearing (see, Matter of Lentlie v. Egan, 61 N.Y.2d 874, 875-876).