Lambert v. Kelly

Judgment, Supreme Court, New York County (Alice *555Schlesinger, J.), entered November 27, 2009, dismissing this proceeding, unanimously affirmed, without costs.

It is well settled that a probationary employee may be discharged without a hearing or statement of reasons, for any reason or no reason at all, in the absence of a showing that the dismissal was in bad faith, for a constitutionally impermissible purpose, or in violation of law (Matter of Witherspoon v Horn, 19 AD3d 250 [2005]). Moreover, the burden of proving bad faith is on the employee, and its mere assertion, without supporting…