Legal Opinion

Mitchell v. Sielaff

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

Decided September 2, 1993PublishedCited by 2 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered on or about January 17, 1992, which denied petitioner’s application pursuant to CPLR article 78 to annul respondents’ determination terminating petitioner’s probationary employment, and dismissed the petition, unanimously affirmed, without costs.

A probationary employee may be terminated without a hearing and without reasons being given, absent bad faith, which it is the employee’s burden to show (see, Kroboth v Sexton, 160 AD2d 126, 129). Petitioner fails to meet that burden here. The record shows that after agreeing…

2Cases cited1 opinion

  1. Kroboth v. SextonAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by2 opinions

  1. Castro v. SafirAppellate Division of the Supreme Court of the State of New York · 2002
  2. Flores v. DohertyAppellate Division of the Supreme Court of the State of New York · 2010

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