Ordered that the judgment is affirmed, with costs.
On appeal, the petitioner claims that it was improper for the Supreme Court to dismiss, without a hearing, his petition which challenged his discharge as a probationary employee on the ground that the termination was made in bad faith. We disagree.
In support of their motion to dismiss the proceeding, the respondents submitted an affidavit of the respondent James Spratt, the Commissioner of the Department of Public Works, which indicated that the decision to terminate the petitioner's employment was made after discussion with three of the petitioner's supervisors, who were apparently familiar with the petitioner's work performance. The fact that the petitioner's immediate supervisor favored the petitioner's retention "is not sufficient to raise a triable issue of fact as to the commissioner's bad faith" (Matter of York v McGuire, 99 A.D.2d 1023, 1024, affd 63 N.Y.2d 760; see, Matter of Johnson v Katz, 68 N.Y.2d 649). The cases of Matter of Wilborn v Starr ( 58 A.D.2d 785) and Matter of Yates v Grecco ( 85 A.D.2d 817), relied upon by the petitioner, are inapposite.
Accordingly, since no hearing on the issue of bad faith was warranted, dismissal of the proceeding was proper (see, Matter of Johnson v Katz, supra). Bracken, J.P., Lawrence, Kunzeman and Spatt, JJ., concur.