Fighter v. Egan

Judgment, Supreme Court, New York County (Carol Huff, J.), entered on or about January 30, 1995, which denied petitioner’s application pursuant to CPLR article 78 seeking to annul respondent’s determination terminating petitioner’s probationary employment as Civil Engineer III, and dismissed the petition, unanimously affirmed, without costs.

We agree with the IAS Court that petitioner failed to make out a prima facie case of either age discrimination or retaliation. In any event, respondents’ contemporaneous, documentary evidence of petitioner’s unsatisfactory performance in the probationary…