De Sapio v. Koehler

Petitioner, a probationary appointee, could be terminated without a hearing and without reasons being stated, provided the termination was made in good faith and not capriciously (Matter of Talamo v Murphy, 38 NY2d 637, 639; Matter of Vaillancourt v New York State Liq. Auth., 153 AD2d 531, 533). Here, petitioner was terminated because he took advantage of his 1986 knee injury to remain on restricted duty an excessively long time, and then improperly sought a full-duty assignment at a location with minimal, if any, inmate contact. The record supports the conclusion that neither disability nor…