MATTER OF GAULT v. ABATE

The IAS Court properly determined that petitioner, a probationary Correction Officer, was properly terminated without a hearing and without a statement of reasons since the termination was not made in bad faith or for impermissible reasons (Matter of Soto v Koehler, 171 A.D.2d 567, 568, lv denied 78 N.Y.2d 855). The Department's Notice of Determination indicated that their own internal investigation showed that petitioner used excessive force toward an inmate on the third day of his probationary status. Finally, whatever the outcome of the separate proceeding by which petitioner sought to be awarded unemployment benefits, its outcome is immaterial.

Concur — Murphy, P.J., Sullivan, Rosenberger and Asch, JJ.