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Matter of Macina v. N. Salem Cent. Sch. Dist

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1995
633 N.Y.S.2d 596 (N.Y. App. Div. 1995)

Opinion

November 20, 1995

Appeal from the Supreme Court, Westchester County (Leavitt, J.).


Ordered that the judgment is affirmed, with costs.

The petitioner was employed by the respondent as a cleaner. On November 9, 1993, following prior disciplinary warnings, the petitioner's employment was terminated because of an incident that had taken place while he was working at the North Salem Middle/High School. Thereafter, the petitioner commenced this proceeding pursuant to CPLR article 78 claiming, inter alia, that the determination terminating his employment should be annulled because he had been deprived of his right to pre-termination and post-termination hearings and a name-clearing hearing. The Supreme Court dismissed the proceeding. We affirm.

The petitioner was not entitled to pre-termination or post-termination hearings pursuant to Civil Service Law § 75 because he held an unclassified and at-will position (see, Civil Service Law § 75; Matter of Tyson v Hess, 109 A.D.2d 1068, affd 66 N.Y.2d 943). Moreover, the petitioner did not have a constitutionally protected property interest entitling him to such a hearing (see, Cleveland Bd. of Educ. v Loudermill, 470 U.S. 532; Matter of Ragone v Board of Educ., 194 A.D.2d 731).

The petitioner was not entitled to a name-clearing hearing as there has been no public disclosure of any allegations affecting the petitioner's good name or reputation (see, Meyers v City of New York, 208 A.D.2d 258; cf., Brandt v Board of Coop. Educ. Servs., 820 F.2d 41).

The action taken by the respondent in terminating the petitioner's employment was not arbitrary and capricious because the record shows that there was a rational basis for it, and the termination was carried out in good faith (see, Matter of Juan v County of Suffolk, 209 A.D.2d 523). Balletta, J.P., Ritter, Copertino and Pizzuto, JJ., concur.


Summaries of

Matter of Macina v. N. Salem Cent. Sch. Dist

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1995
633 N.Y.S.2d 596 (N.Y. App. Div. 1995)
Case details for

Matter of Macina v. N. Salem Cent. Sch. Dist

Case Details

Full title:In the Matter of FRANK MACINA, JR., Appellant, v. NORTH SALEM CENTRAL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 20, 1995

Citations

633 N.Y.S.2d 596 (N.Y. App. Div. 1995)
633 N.Y.S.2d 596

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