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Matter of Ortiz v. Ward

Appellate Division of the Supreme Court of New York, First Department
Nov 2, 1989
155 A.D.2d 245 (N.Y. App. Div. 1989)

Opinion

November 2, 1989

Appeal from the Supreme Court, New York County (Helen E. Freedman, J.).


Petitioner, a probationary employee, could be discharged without a hearing so long as the termination was not made in bad faith. The evidence in this record supports the conclusion that petitioner was discharged for good reason and, accordingly, no hearing was necessary before terminating petitioner's employment (Matter of Johnson v Katz, 68 N.Y.2d 649). Nor was petitioner entitled to a so-called "name-clearing hearing", since petitioner has failed to demonstrate that the public employer publicly disclosed the stigmatizing reasons for petitioner's discharge (Matter of Lentlie v Egan, 61 N.Y.2d 874).

Concur — Kupferman, J.P., Carro, Asch, Kassal and Rosenberger, JJ.


Summaries of

Matter of Ortiz v. Ward

Appellate Division of the Supreme Court of New York, First Department
Nov 2, 1989
155 A.D.2d 245 (N.Y. App. Div. 1989)
Case details for

Matter of Ortiz v. Ward

Case Details

Full title:In the Matter of FERNANDO ORTIZ, Appellant, v. BENJAMIN WARD, as Police…

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

Date published: Nov 2, 1989

Citations

155 A.D.2d 245 (N.Y. App. Div. 1989)
546 N.Y.S.2d 624

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