upholding discharge of probationary police officer without a hearingSummary of this case from Claudio v. Mattituck-Cutchogue Union Free Sch. Dist.
Decided September 20, 1984
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Alvin Klein, J.
Jeffrey S. Wasserman for appellant.
Frederick A.O. Schwarz, Jr., Corporation Counsel ( June A. Witterschein of counsel), for respondents.
The order of the Appellate Division should be affirmed, with costs.
It is well settled that a probationary employee may be discharged without a hearing and without a statement of reasons in the absence of any demonstration that dismissal was for a constitutionally impermissible purpose or in violation of statutory or decisional law ( Matter of Bergamini v Manhattan Bronx Surface Tr. Operating Auth., 62 N.Y.2d 897; Matter of Stanziale v Executive Dept., 55 N.Y.2d 735; Matter of Talamo v Murphy, 38 N.Y.2d 637; James v Board of Educ., 37 N.Y.2d 891).
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, in a memorandum.