Opinion
October 19, 1998
Appeal from the Supreme Court, Kings County (Barasch, J.).
Ordered that the judgment is affirmed, with costs.
Contrary to the petitioner's contention, the parties' evidentiary submissions establish that he was initially appointed to the title Structure Maintainer "B" on June 30, 1996, and that he was therefore still serving his probationary term at the time of his discharge from that position. Since the petitioner was a probationary employee, he could be terminated "without a hearing and without a statement of reasons in the absence of a showing that the termination was for a constitutionally impermissible purpose, in bad faith, or in violation of statutory or decisional law" ( Matter of Bass v. New York City Tr. Auth., 236 A.D.2d 536, citing Matter of York v. McGuire, 63 N.Y.2d 760; see also, Matter of Phillips v. Kiepper, 236 A.D.2d 542). Here, the petitioner has failed to meet his burden of demonstrating that the decision to terminate his employment as a Structure Maintainer "B" because of his poor attendance record was made in bad faith, or was otherwise improper. Accordingly, the petition was properly denied ( see, Matter of Bass v. New York City Tr. Auth., supra; Matter of Phillips v. Kiepper, supra).
Ritter, J. P., Santucci, Altman and Krausman, JJ., concur.