Legal Opinion

DeVito v. Department of Education

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

Decided December 3, 2013Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered August 9, 2012, which denied the petition seeking to, inter alia, annul respondents’ determination, dated February 14, 2011, terminating petitioner’s employment, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

As a probationary employee, petitioner was subject to termination “at any time and for any reason, unless [she] established] that the termination was for a constitutionally impermissible purpose, violative of a statute, or done in bad faith” (Matter of…

2Cases cited3 opinions

  1. Frasier v. Board of EducationNew York Court of Appeals · 1988
  2. Witherspoon v. HornAppellate Division of the Supreme Court of the State of New York · 2005
  3. Folta v. SobolAppellate Division of the Supreme Court of the State of New York · 1994

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