Legal Opinion

Bruscino v. Kelly

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 2012Published

1Opinion of the Court

*448Judgment, Supreme Court, New York County (Judith J. Gische, J.), entered June 30, 2010, dismissing a CPLR article 78 petition seeking to annul respondents’ determination, dated March 23, 2009, which terminated petitioner’s probationary employment as a police officer, unanimously affirmed, without costs.

Supreme Court properly determined that the petition failed to state a claim. Respondents are entitled to discharge a probationary police officer “for ‘almost any reason, or for no reason at all’ as long as it is not ‘in bad faith or for an improper or impermissible reason’ ” (Matter of Duncan v…

2Cases cited7 opinions

  1. Berenhaus v. WardNew York Court of Appeals · 1987
  2. York v. McGuireNew York Court of Appeals · 1984
  3. MATTER OF SWINTON v. SafirNew York Court of Appeals · 1999
  4. Talamo v. MurphyNew York Court of Appeals · 1976
  5. Duncan v. KellyNew York Court of Appeals · 2008

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