Legal Opinion

Duncan v. Kelly

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

Decided August 9, 2007Published

1Opinion of the Court

*298Order and judgment (one paper), Supreme Court, New York County (Doris Ling-Cohan, J.), entered October 26, 2005, dismissing this proceeding seeking to annul respondents’ determination that terminated petitioner’s employment, affirmed, without costs.

The facts have been set forth by the dissent and need not be repeated here.

It is well settled that a probationary employee may be discharged for any or no reason, absent a showing that such dismissal was in bad faith, for a constitutionally impermissible purpose or in violation of law (see Matter of Swinton v Safir, 93 NY2d 758, 762-763 [1999]).…

2Cases cited6 opinions

  1. Berenhaus v. WardNew York Court of Appeals · 1987
  2. MATTER OF SWINTON v. SafirNew York Court of Appeals · 1999
  3. Brown v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
  4. Batista v. KellyAppellate Division of the Supreme Court of the State of New York · 2005
  5. Alvarez v. KellyAppellate Division of the Supreme Court of the State of New York · 2003

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