Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

MATTER OF LEON v. MEEHAN

Appellate Division of the Supreme Court of New York, Second Department.
Aug 5, 1985
Important Paras
Please sign up to view Important Paras.

Judgment reversed, on the law and the facts, without costs or disbursements, determination confirmed and proceeding dismissed on the merits.

It is a well-settled proposition that the employment of a probationary employee may be terminated "without a hearing and without specific reasons being stated and, in the absence of bad faith, the determination must be upheld ( Matter of Talamo v Murphy, 38 N.Y.2d 637; Matter of Sargeant v. Director, Brooklyn Developmental Center, 84 A.D.2d 843, affd 56 N.Y.2d 628; Matter of Sachs v. Board of Educ., 71 A.D.2d 898 [ affd 50 N.Y.2d 830]" ( Matter of Ostoyich v. State of New York, 99 A.D.2d 839).

In the absence of an allegation in the petition that the Chief of Police created and disseminated a false and defamatory impression about petitioner in connection with his termination, petitioner is not entitled to a name-clearing hearing ( Matter of Bergamini v. Manhattan Bronx Surface Tr. Operating Auth., 62 N.Y.2d 897). Mangano, J.P., Brown, O'Connor and Weinstein, JJ., concur.