Opinion
14447 Index No. 101499/18 Case No. 2020–01048
10-21-2021
In the Matter of Sharay MORRISON, Petitioner–Appellant, v. NEW YORK CITY DEPARTMENT OF CORRECTIONS, Respondent–Respondent.
Stewart Lee Karlin Law Group, P.C., New York (Stewart Lee Karlin of counsel), for appellant. James E. Johnson, Corporation Counsel, New York (Ellen Ravitch of counsel), for respondent.
Stewart Lee Karlin Law Group, P.C., New York (Stewart Lee Karlin of counsel), for appellant.
James E. Johnson, Corporation Counsel, New York (Ellen Ravitch of counsel), for respondent.
Renwick, J.P., Kapnick, Scarpulla, Rodriguez, Higgitt, JJ.
Judgment, Supreme Court, New York County (Shlomo S. Hagler, J.), entered August 19, 2019, denying the petition to annul respondent's determination, dated June 20, 2018, which discontinued petitioner's probationary employment, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs. Petitioner failed to meet her burden of showing that respondent discontinued her probationary employment in bad faith (see Matter of Che Lin Tsao v. Kelly, 28 A.D.3d 320, 321, 812 N.Y.S.2d 522 [1st Dept. 2006] ). Respondent's determination is supported by documentary evidence of petitioner's misconduct and history of tardiness, and nothing in the record supports petitioner's argument that respondent made that determination in bad faith (see Matter of Adelana v. New York City Dept. of Educ., 194 A.D.3d 463, 463, 143 N.Y.S.3d 540 [1st Dept. 2021] ; Matter of Rieser v. New York City Dept. of Educ., 133 A.D.3d 465, 466, 18 N.Y.S.3d 861 [1st Dept. 2015] ).