Legal Opinion
Cortijo v. Ward
Appellate Division of the Supreme Court of the State of New York
Decided February 13, 1990PublishedCited by 8 opinions
1Opinion of the Court
"It is well settled that a probationary employee may be discharged without a hearing and without a statement of reasons” where the decision is made in good faith and not for a constitutionally impermissible purpose. (Matter of York v McGuire, 63 NY2d 760, 761.)
Petitioner bears the burden of presenting evidence to show that the Commissioner acted in bad faith. (Haberman v Codd, 48 AD2d 505.) Petitioner was not given any reason for her termination. She speculates that she was terminated either due to her performance on the shooting range or psychological reasons. Neither reason would support a…
2Cases cited4 opinions
- York v. McGuireNew York Court of Appeals · 1984
- Talamo v. MurphyNew York Court of Appeals · 1976
- Haberman v. CoddAppellate Division of the Supreme Court of the State of New York · 1975
- D'Aiuto v. Department of Water ResourcesAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by8 opinions
- Soto v. KoehlerAppellate Division of the Supreme Court of the State of New York · 1991
- Thomas v. AbateAppellate Division of the Supreme Court of the State of New York · 1995
- Butler v. AbateAppellate Division of the Supreme Court of the State of New York · 1994
- Leskow v. Office of Court AdministrationAppellate Division of the Supreme Court of the State of New York · 1998
- Medina v. SielaffAppellate Division of the Supreme Court of the State of New York · 1992
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