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Matter of York v. McGuire

Court of Appeals of the State of New York
Sep 20, 1984
63 N.Y.2d 760 (N.Y. 1984)

Summary

upholding discharge of probationary police officer without a hearing

Summary of this case from Claudio v. Mattituck-Cutchogue Union Free Sch. Dist.

Opinion

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.


MEMORANDUM.

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.


Summaries of

Matter of York v. McGuire

Court of Appeals of the State of New York
Sep 20, 1984
63 N.Y.2d 760 (N.Y. 1984)

upholding discharge of probationary police officer without a hearing

Summary of this case from Claudio v. Mattituck-Cutchogue Union Free Sch. Dist.

upholding discharge of probationary police officer without a hearing

Summary of this case from Walsh v. Suffolk County Police Department

upholding discharge of probationary police officer without a hearing

Summary of this case from Flood v. County of Suffolk
Case details for

Matter of York v. McGuire

Case Details

Full title:In the Matter of CYNTHIA YORK, Appellant, v. ROBERT J. McGUIRE, as Police…

Court:Court of Appeals of the State of New York

Date published: Sep 20, 1984

Citations

63 N.Y.2d 760 (N.Y. 1984)
480 N.Y.S.2d 320
469 N.E.2d 838

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