Summary
affirming conclusion in Article 78 proceeding that a terminated probationary employee "failed to sustain her burden of establishing that her dismissal was based on a perceived disability in violation of the anti-discrimination laws or was otherwise motivated by bad faith"
Summary of this case from Jones v. Yonkers Public SchoolsOpinion
Submitted November 22, 1999
December 20, 1999
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent, Clare B. Bradley, the Commissioner of the Suffolk County Department of Health Services, dated January 30, 1998, terminating the petitioner's employment as a probationary dental assistant, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Werner, J.), dated October 7, 1998, which denied the petition and dismissed the proceeding.
Wolin Wolin, Jericho, N.Y. (Alan E. Wolin of counsel), for appellant.
Robert J. Cimino, County Attorney, Hauppauge, N.Y. (Lee Wiedl of counsel), for respondent.
FRED T. SANTUCCI, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN and SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The employment of the petitioner, a probationary employee, could be terminated without a hearing and without a statement of reasons provided that the termination was not in bad faith, in violation of statutory or decisional law, or for unconstitutional or illegal reasons (see, Matter of Green v. Board of Ed., 262 A.D.2d 411 [2d Dept., June 7, 1999]; Matter of Williams v. Commr. of Off. of Mental Health of State of N.Y., 259 A.D.2d 623 ; Matter of Wilson v. New York City Tr. Auth., 254 A.D.2d 426). The petitioner bears the burden of establishing bad faith or illegal reasons by competent evidence (see, Matter of Green v. Board of Ed., supra; Matter of Williams v. Commr. of Off. of Mental Health of State of N.Y., supra; Matter of Leskow v. Office of Ct. Admin., State of N.Y., Unified Ct. Sys., 248 A.D.2d 1004). Speculative and/or conclusory allegations of bad faith, improper motive, or unlawfulness are insufficient to meet this burden or to warrant a hearing (see, Matter of Leskow v. Office of Ct. Admin., State of N.Y., Unified Ct. Sys., supra; Matter of Thomas v. Abate, 213 A.D.2d 251 ).
The Supreme Court properly denied the petition based on the evidence of the petitioner's excessive absences and unsatisfactory job performance (see, Matter of Williams v. Commr. of Off. of Mental Health of State of N.Y., supra; Matter of Pantaleone v. Jackson, 204 A.D.2d 458 ; Matter of Feinberg v. Higgins, 199 A.D.2d 266 ). The petitioner failed to sustain her burden of establishing that her dismissal was based on a perceived disability in violation of the anti-discrimination laws or was otherwise motivated by bad faith (see, Matter of Williams v. Commr. of Off. of Mental Health of State of N.Y., supra; Matter of Pantaleone v. Jackson, supra).
SANTUCCI, J.P., JOY, GOLDSTEIN, and FEUERSTEIN, JJ., concur.