Davids v. City of New York

Order and judgment (one paper), Supreme Court, New York County (Joan A. Madden, J.), entered March 26, 2009, which denied the petition seeking, inter alia, to annul respondents’ de*558termination demoting petitioner from the rank of probationary captain to his permanent title of lieutenant, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The record discloses a rational basis for petitioner’s demotion, as the evidence amply supports the conclusion that his job performance was unsatisfactory (see Matter of Johnson v Katz, 68 NY2d 649, 650…