Majority
p. 1027In the Matter of Young Ju Park-Cunningham, Appellant, v City of Watertown et al., Respondents. (Appeal No. 2.)
— Judgment unanimously affirmed without costs. Memorandum: In this CPLR article 78 proceeding, which challenges her dismissal as a probationary employee, petitioner failed to meet her burden of demonstrating that respondents acted in bad
p. 1028
faith (see, Tomlinson v Ward, 110 AD2d 537 , 538, affd 66 NY2d 771 ). It is axiomatic that a probationary employee may be discharged without a hearing and without a statement of the reasons for doing so provided the dismissal was not for a constitutionally impermissible purpose or in violation of statutory or decisional law (Matter of York v McGuire, 63 NY2d 760 , 761). Supreme Court properly determined that the proof at trial was insufficient to establish a prima facie case that the dismissal of petitioner was discriminatory (see, Mayer v Manton Cork Corp., 126 AD2d 526 ). The record establishes that petitioner’s job performance was unsatisfactory and that her dismissal was made in good faith (see, Matter of King v Sapier, 47 AD2d 114 , 116, affd 38 NY2d 960 ). (Appeal from Judgment of Supreme Court, Jefferson County, Gilbert, J. — Article 78.) Present — Boomer, J. P., Green, Balio, Fallon and Davis, JJ.
Cases cited
- Tomlinson v. Ward 110 AD2d 537 at 538 p. 1028
- Tomlinson v. Ward 66 NY2d 771 p. 1028
- York v. McGuire 63 NY2d 760 at 761 p. 1028
- Mayer v. Manton Cork Corp. 126 AD2d 526 p. 1028
- King v. Sapier 47 AD2d 114 at 116 p. 1028
- King v. Sapier 38 NY2d 960 p. 1028