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In the Matter of VERNA GREEN, appellant, v. BOARD OF EDUCATION OF THE CITY DISTRICT OF NEW YORK, respondent.

DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

As a probationary employee, the petitioner could be terminated without a statement of reasons provided that the termination was not in bad faith, in violation of statutory or decisional law, or for unconstitutional or illegal reasons ( see, Matter of Williams v. Commissioner of Office of Mental Health of State of N.Y., 259 A.D.2d 623 [2d Dept., Mar. 15, 1999]; Matter of Iannuzzi v. Town of Brookhaven, 258 A.D.2d 651 [2d Dept., Feb. 22, 1999]; Matter of Wilson v. New York City Tr. Auth., 254 A.D.2d 426 [2d Dept., Oct. 19, 1998]; Matter of Bass v. New York City Tr. Auth., 236 A.D.2d 536). The petitioner bears the burden of establishing such bad faith or illegal reasons ( see, Matter of Williams v. Commissioner of Office of Mental Health of State of N.Y., supra; Matter of Leskow v. Office of Ct. Admin., State of N.Y., Unified Ct. Sys., 248 A.D.2d 1004; Matter of Dolcemaschio v. City of New York, 180 A.D.2d 573), and conclusory allegations of bad faith are insufficient to meet this burden or to warrant a hearing ( Matter of Leskow v. Office of Ct. Admin., State of N.Y., Unified Ct. Sys., supra; Matter of Thomas v. Abate, 213 A.D.2d 251).

The Supreme Court properly denied the instant petition without a hearing. The respondent's termination of the petitioner's employment did not constitute bad faith or illegal conduct ( see, Matter of Wilson v. New York City Tr. Auth., supra; Matter of Sessoms v. Abate, 223 A.D.2d 387; Matter of Nelson v. Abate, 205 A.D.2d 454; Matter of Dolcemaschio v. City of New York, supra).

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MATTER OF GREEN v. BOARD OF EDUCATION OF N.Y
(Jun 7, 1999)