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IN RE LAWRENCE C. JONES, Petitioner-Appellant, v. THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, ET AL., Respondents-Respondents.

The petition, which admits that petitioner had lateness and absenteeism problems while on disciplinary probation, on its face shows a good faith basis for petitioner's termination, requiring dismissal of the petition ( see Matter of Wilson v. Bratton, 266 A.D.2d 140, 142, citing Matter of Butler v. Abate, 204 A.D.2d 171, 172). The effect of such admission of good faith is not negated by petitioner's other allegations purporting to show bad faith ( Matter of Morgan v. Safir, 281 A.D.2d 376, lv denied 97 N.Y.2d 601).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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MATTER OF JONES
(Mar 30, 2004)