Opinion
Argued January 15, 1987
Decided February 12, 1987
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Aaron E. Klein, J.
Richard E. Casagrande and William P. Seamon for appellant.
Robert Abrams, Attorney-General (William J. Kogan, O. Peter Sherwood and Peter H. Schiff of counsel), for respondents.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
In this article 78 proceeding, the Appellate Division correctly determined that petitioner was not entitled to reinstatement to his position as a provisional employee with the State Division of Probation and to back pay as a result of a jury determination that he was discharged in bad faith.
Appointments made pursuant to Civil Service Law § 65 are provisional in nature; provisional employees have no expectation of tenure and rights attendant thereto except under the limited circumstances specified in Civil Service Law § 65 (4) (Matter of Becker v New York State Civ. Serv. Commn., 61 N.Y.2d 252; Matter of Haynes v County of Chautauqua, 55 N.Y.2d 814) and therefore they may be terminated at any time without charges preferred, a statement of reasons given or a hearing held (Matter of Riggi v Blessing, 9 A.D.2d 423, affd 10 N.Y.2d 917; Matter of Benon v LaGuardia, 285 N.Y. 560, 561; Ranus v Blum, 96 A.D.2d 1144, 1145; Matter of Brathwaite v Manhattan Children's Psychiatric Center, 70 A.D.2d 810, 811). While other remedies may be available to provisional employees terminated in violation of a constitutional provision or some statute reinstatement and back pay are not available in this case.
Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.
Order affirmed, with costs, in a memorandum.