AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

IN RE APPLICATION OF BARON BROWN, PETITIONER-APPELLANT, FOR A JUDGMENT, ETC., v. CITY OF NEW YORK, ET AL., RESPONDENTS-RESPONDENTS. IN RE APPLICATION OF LYNN THOMAS, PETITIONER-APPELLANT, FOR A JUDGMENT, ETC.,

In these applications pursuant to CPLR article 78 to challenge the termination of provisional or probationary employment, the courts properly denied and dismissed the proceedings herein. It is well settled that a provisional or probationary employee may be discharged for any or no reason at all in the absence of a showing that his or her dismissal was in bad faith, for a constitutionally impermissible purpose or in violation of law (see, Matter of Swinton v. Safir, 93 N.Y.2d 758, 762-763; Matter of Preddice v. Callanan, 69 N.Y.2d 812), and petitioners did not meet their burdens of presenting competent proof that their dismissals had been in bad faith (see, Matter of Beacham v. Brown, 215 A.D.2d 334, lv denied 87 N.Y.2d 801; Matter of Thomas v. Abate, 213 A.D.2d 251).

We have considered petitioners' remaining arguments and find them to be unavailing.

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

Use AI to get other relevant cases.

Comments

IN RE BROWN v. CITY
(Feb 16, 2001)