Opinion
06-11-2015
In re Fritz G. PHUCIEN, Petitioner–Appellant, v. The CITY OF NEW YORK DEPARTMENT OF CORRECTION, sued herein as The City of New York Department of Corrections, et al., Respondents–Respondents.
Law Office of Kevin P. Sheerin, Mineola (Kevin P. Sheerin of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Tahirih Sadrieh of counsel), for respondents.
Law Office of Kevin P. Sheerin, Mineola (Kevin P. Sheerin of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Tahirih Sadrieh of counsel), for respondents.
Opinion Order and judgment (one paper), Supreme Court, New York County (Doris Ling–Cohan, J.), entered on or about March 20, 2014, which denied the petition seeking to annul the determination of respondent City of New York Department of Correction dated April 23, 2013, terminating petitioner's employment as a probationary correction officer, granted respondents' cross motion to dismiss, and dismissed the proceeding brought pursuant to CPLR Article 78, unanimously affirmed, without costs.
Petitioner's unsupported assertions that respondent Department of Correction improperly terminated his probationary employment are insufficient to satisfy his burden of establishing that his dismissal was in bad faith (see Matter of Swinton v. Safir, 93 N.Y.2d 758, 763, 697 N.Y.S.2d 869, 720 N.E.2d 89 [1999] ; Matter of York v. McGuire, 63 N.Y.2d 760, 761, 480 N.Y.S.2d 320, 469 N.E.2d 838 [1984] ; Matter of Thomas v. Abate, 213 A.D.2d 251, 623 N.Y.S.2d 870 [1st Dept.1995] ). Mere conclusory allegations of bad faith based on speculation are not sufficient.
TOM, J.P., RENWICK, ANDRIAS, MANZANET–DANIELS, KAPNICK, JJ., concur.