Opinion
January 11, 1999.
Appeal from the Supreme Court, Rockland County (Sherwood, J.).
Ordered that the judgment is affirmed, with costs.
It is well established that a board of education has an unfettered right to terminate the employment of a teacher or administrator during his or her probationary period, without a hearing, unless that person establishes that his or her employment was terminated for a constitutionally impermissible purpose or in violation of a statutory proscription ( see, Matter of Girards v. Board of Educ., 40 N.Y.2d 1020; see also, James v. Board of Educ., 37 N.Y.2d 891, 892; Matter of Bergstein v. Board of Educ., 34 N.Y.2d 318, 322). The petitioner here did not allege that the respondent terminated her probationary employment for a constitutionally impermissible purpose, and she failed to establish that the respondent did not comply with the procedural requirements of Education Law § 3031 or otherwise acted in violation of a statutory proscription. Under the circumstances, the Supreme Court did not err in determining that the respondent's termination of the petitioner's employment was not arbitrary and capricious ( see, CPLR 7803).
The petitioner's remaining contention is without merit.
Sullivan, J.P., Krausman, Goldstein and Luciano, JJ., concur.