Opinion
May 21, 1996
Appeal from the Supreme Court, New York County (Walter Tolub, J.).
"It is well settled that a probationary employee may be discharged without a hearing and without a statement of reasons in the absence of any demonstration that dismissal was for a constitutionally impermissible purpose or in violation of statutory or decisional law" ( Matter of York v. McGuire, 63 N.Y.2d 760, 761), or was made in bad faith ( Matter of Johnson v. Katz, 68 N.Y.2d 649). Since there is no allegation that petitioner was discharged for a constitutionally improper reason or in violation of a statute or judicial rule, the only basis for reviewing his termination is to ascertain whether it was in bad faith, and the burden of raising and proving such bad faith is upon petitioner ( Matter of Thomas v. Abate, 213 A.D.2d 251). In that regard, petitioner has failed to demonstrate that his discharge was made in bad faith.
We have also considered petitioner's procedural arguments and find them to be without merit.
Concur — Milonas, J.P., Ellerin, Rubin, Nardelli and Tom, JJ.