Opinion
January 22, 1991
Appeal from the Supreme Court, New York County (Edward H. Lehner, J.).
Petitioners, former civil service employees, failed to meet their burden of demonstrating that their termination as provisional employees was arbitrary, capricious, in bad faith, or otherwise in contravention of the Civil Service Law or other applicable procedure. (See, Matter of Johnson v Board of Educ., 155 A.D.2d 896; Matter of Johnson v Katz, 116 A.D.2d 930, affd 68 N.Y.2d 649.) Petitioners offered no evidence in this case to demonstrate that the purported involuntary reclassification took place either de facto or de jure, or that they did not voluntarily resign their former noncompetitive positions in favor of the higher salaries offered in the provisional positions from which they were terminated. As provisional employees, they were not entitled to a pretermination hearing or statement of charges. (See, Matter of Preddice v Callanan, 69 N.Y.2d 812, 814.) Accordingly, the petition was properly dismissed.
Concur — Murphy, P.J., Carro, Wallach, Kupferman and Asch, JJ.