Matter of Kubiak v. Derenda

Appeal from an order of the Supreme Court, Erie County (Deborah A. Chimes, J.), entered October 27, 2015. The order, inter alia, denied the petition.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondents discharged petitioner, a Buffalo police officer, before petitioner’s 18-month probationary period expired. Petitioner sought arbitration of his discharge and, after the arbitrator upheld the discharge, he commenced this CPLR article 78 proceeding. He contended that respondents’ decision to terminate his employment “was arbitrary,…