Statom v. County of Dutchess

Appeal (transferred to this court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (King, J.), entered June 4, 1990 in Dutchess County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for failure to state a cause of action.

On December 23, 1988 petitioner was appointed to the position of correction officer in the Dutchess County Jail subject to a one-year probationary period. One month prior to the expiration of that period, petitioner was notified by respondent Dutchess County Sheriff that his…