MATTER OF HOLMES v. SIELAFF

Petitioner's claim that her termination was arbitrary, capricious, and in bad faith is not supported by the record. As a general principle, a probationary employee is not entitled to a hearing and may be dismissed without any statement of reason (Matter of Ramos v Department of Mental Hygiene, 34 A.D.2d 925). Termination of a probationary employee is not in bad faith even where, as here, all criminal charges against her are subsequently dropped (Rizzo v Ward, Sup Ct, N Y County, Mar. 18, 1985, index No. 24468/84, affd 116 A.D.2d 1046). Petitioner has failed to meet her burden of showing that respondent acted in bad faith (see, Matter of Rainey v McGuire, 111 A.D.2d 616). Nor, on this record, was she entitled to a name clearing hearing.

Concur — Sullivan, J.P., Milonas, Kupferman, Ross and Smith, JJ.