MATTER OF LUKAS v. BROWN

Petitioner was appointed as a probationary police officer in July 1989. A background check revealed an incident not mentioned in the employment application she submitted to respondent Police Department. Following examination, petitioner's employment was terminated on the recommendation of respondents' medical experts.

We agree with the IAS Court that this determination, based as it was on evaluations by Department experts, cannot be found to be a product of bad faith (see, Matter of Galas v Ward, 166 A.D.2d 275). We would add that petitioner's omission of material facts from her employment application provides an independent basis for termination of her probationary employment (see, Matter of Ostoyich v State of New York, 99 A.D.2d 839).

We have considered petitioner's remaining contentions and consider them to be without merit.

Concur — Sullivan, J.P., Carro, Rosenberger, Wallach and Rubin, JJ.