Legal Opinion

Young Ju Park-Cunningham v. City of Watertown

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

Decided October 7, 1992No. Appeal No. 2PublishedCited by 2 opinions

1Opinion of the Court

— Judgment unanimously affirmed without costs. Memorandum: In this CPLR article 78 proceeding, which challenges her dismissal as a probationary employee, petitioner failed to meet her burden of demonstrating that respondents acted in bad *1028faith (see, Tomlinson v Ward, 110 AD2d 537, 538, affd 66 NY2d 771). It is axiomatic that a probationary employee may be discharged without a hearing and without a statement of the reasons for doing so provided the dismissal was not for a constitutionally impermissible purpose or in violation of statutory or decisional law (Matter of York v McGuire, 63 NY2d…

2Cases cited6 opinions

  1. York v. McGuireNew York Court of Appeals · 1984
  2. King v. SapierAppellate Division of the Supreme Court of the State of New York · 1975
  3. King v. SapierNew York Court of Appeals · 1976
  4. Mayer v. Manton Cork Corp.Appellate Division of the Supreme Court of the State of New York · 1987
  5. Tomlinson v. WardAppellate Division of the Supreme Court of the State of New York · 1985

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3Cited by2 opinions

  1. Meyers v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
  2. Munich v. City of Lackawanna Department of Public SafetyAppellate Division of the Supreme Court of the State of New York · 1999

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