Opinion
Filed June 18, 1999
Appeal from the Judgment of Supreme Court, Erie County, Mintz, J. — CPLR art 78.
PRESENT: GREEN, J. P., HAYES, WISNER, PIGOTT, JR., AND SCUDDER, JJ.
Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court erred in granting the petition and annulling the determination terminating petitioner's employment as a probationary firefighter with respondent City of Lackawanna (City). "It is axiomatic that a probationary employee may be discharged without a hearing and without a statement of the reasons for doing so provided the dismissal was not for a constitutionally impermissible purpose or in violation of statutory or decisional law" ( Matter of Park-Cunningham v. City of Watertown, 186 A.D.2d 1027; see, Matter of Spremo v. Lonschein, 82 N.Y.2d 882, 884; Matter of York v. McGuire, 63 N.Y.2d 760, 761). The false representations by petitioner concerning his residence at the time of his employment with the City provided a sufficient basis for his termination ( see, Matter of Castner v. Griffith, 226 A.D.2d 1095; see generally, Matter of Park-Cunningham v. City of Watertown, supra; Matter of Macklin v. Powell, 107 A.D.2d 964).