Green v. Board of Education

—In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Board of Education of the City District of New York, dated October 1, 1997, terminating the petitioner’s employment as a probationary teacher, the petitioner appeals from a judgment of the Supreme Court, Kings County (Held, J.), dated May 8, 1998, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

As a probationary employee, the petitioner could be terminated 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 Williams v Commissioner of Off. of Mental Health of State of N. Y., 259 AD2d 623 ; Matter of Iannuzzi v Town of Brookhaven, 258 AD2d 651 ; Matter of Wilson v New York City Tr. Auth., 254 AD2d 426 ; Matter of Bass v New York City Tr. Auth., 236 AD2d 536 ). The petitioner bears the burden of establishing such bad faith or illegal reasons (see, Matter of

The Supreme Court properly denied the' instant petition without a hearing. The respondent’s termination of the petitioner’s employment did not constitute bad faith or illegal conduct (see, Matter of Wilson v New York City Tr. Auth., supra; Matter of Sessoms v Abate, 223 AD2d 387 ; Matter of Nelson v Abate, 205 AD2d 454 ; Matter of Dolcemaschio v City of New York, supra). O’Brien, J. P., Ritter, Joy, Altman and Smith, JJ., concur.