Claudio v. Abate

—Judgment (denominated an *189order), Supreme Court, New York County (Stuart Cohen, J.), entered January 5, 1994, which denied petitioner’s CPLR article 78 petition seeking reinstatement as a probationary employee with retroactive pay to the time of his termination, unanimously affirmed, without costs.

Respondent’s decision to terminate petitioner’s employment as a probationary employee two days before his probationary period expired is not subject to annulment by the court, petitioner having failed to demonstrate the determination was made in bad faith, for a constitutionally impermissible…