Legal Opinion
Batista v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided March 10, 2005PublishedCited by 9 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered February 13, 2004, which granted respondent’s cross motion to dismiss the petition brought pursuant to CPLR article 78 to annul respondent’s determination terminating petitioner’s employment as a probationary police officer, unanimously affirmed, without costs.
Since petitioner has no tenable claim that his dismissal from his probationary position results from bad faith on respondent’s part, the motion to dismiss the petition was properly granted (see Matter of Johnson v Katz, 68 NY2d 649 [1986]). Indeed, far from…
2Cases cited5 opinions
- Johnson v. KatzNew York Court of Appeals · 1986
- Trotta v. WardNew York Court of Appeals · 1991
- MATTER OF SHEDLOCK v. ConnelieNew York Court of Appeals · 1979
- Shedlock v. ConnelieAppellate Division of the Supreme Court of the State of New York · 1979
- Sierra v. McGuireNew York Court of Appeals · 1983
3Cited by9 opinions
- Che Lin Tsao v. KellyAppellate Division of the Supreme Court of the State of New York · 2006
- Matter of Ryan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
- Matter of Ryan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
- Duncan v. KellyAppellate Division of the Supreme Court of the State of New York · 2007
- Lambert v. KellyAppellate Division of the Supreme Court of the State of New York · 2010
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