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In the Matter of MICHAEL CARDO, Appellant, v. JOSEPH A. MURPHY, JR., as Personnel Director of the New York State Department of Correctional Ser

Judgment affirmed, with costs.

Petitioner pro se, claims on appeal that he is entitled to a so-called name-clearing hearing, because of the stigma attached to his dismissal. "Although a protectible liberty interest may arise in such a situation ( Board of Regents v Roth, [ 408 U.S. 564, 573]), no hearing is required unless the reasons for the discharge could be said to affect petitioner's `good name, reputation, honor or integrity' ( id.) and such reasons are publicly disclosed by respondents ( Codd v Velger, 429 U.S. 624, 628; Bishop v Wood, [ 426 U.S. 341, 348])" ( Matter of Carter v Murphy, 80 A.D.2d 960, 961; see Matter of Thomas v New York Temporary State Comm., 83 A.D.2d 723, aff'd 56 N.Y.2d 656). A review of the record indicates that the reasons articulated for petitioner's discharge were not stigmatic within. the meaning of Roth ( Matter of Ause v Regan, 59 A.D.2d 317). Moreover, petitioner failed to allege public dissemination by respondents of the reasons for his dismissal. Therefore, we find that petitioner was not entitled to a name-clearing hearing.

Further, we find petitioner's argument that he raised issues of fact entitling him to a trial to be without merit. Inasmuch as petitioner was a probationary employee, it was permissible to terminate his employment "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, aff'd 56 N.Y.2d 628; Matter of Sachs v Board of Educ., 71 A.D.2d 898 [aff'd 50 N.Y.2d 830])" ( Matter of Ostoyich v State of New York, 99 A.D.2d 839). A review of the record supports the conclusion that petitioner's performance was unsatisfactory and establishes that his discharge was made in good faith (see Matter of King v Sapier, 47 A.D.2d 114, 116, aff'd 38 N.Y.2d 960). We, therefore, conclude that the termination of petitioner's employment was not arbitrary or capricious. Finally, we note that petitioner, as a probationary employee has failed to establish a property interest in continued public employment deserving of due process protection. Accordingly, we affirm Special Term's judgment. Thompson, J.P., Weinstein, Brown and Boyers, JJ., concur.

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MATTER OF CARDO v. MURPHY
(Oct 9, 1984)