Opinion
April 29, 1999
Appeal from the Supreme Court, New York County (Carol Arber, J.).
The application should be denied upon the basis of respondents' proof establishing that petitioner was terminated because of budgetary concerns and his lack of the appropriate professional background. There is no basis to find that petitioner was terminated solely in retaliation for his purported whistle-blowing disclosures (Civil Service Law § 75-b [a]; [4]; see, Matter of Crossman-Battisti v. Traficanti, 235 A.D.2d 566, 568).
Concur — Nardelli, J. P., Tom, Lerner, Mazzarelli and Friedman, JJ.