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Munich v. City of Lackawanna Department of Public Safety

262 A.D.2d 959 Court N.Y. App. Div. Decision date 1999-06-18 English

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p. 959
In the Matter of Steven J. Munich, Respondent, v City of Lackawanna Department of Public Safety et al., Appellants.
[692 NYS2d 555]

—Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court erred in granting the petition and annulling the determination terminating petitioner’s employment as a

p. 960
probationary firefighter with respondent City of Lackawanna (City). “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 Park-Cunningham v City of Watertown, 186 AD2d 1027 , 1028; see, Matter of Cohen v Koehler, 82 NY2d 882 , 884; Matter of York v McGuire, 63 NY2d 760 , 761). The false representations by petitioner concerning his residence at the time of his employment with the City provided a sufficient basis for his termination (see, Matter of Castner v Griffith, 226 AD2d 1095 ; see generally, Matter of Park-Cunningham v City of Watertown, supra; Matter of Macklin v Powell, 107 AD2d 964 ). (Appeal from Judgment of Supreme Court, Erie County, Mintz, J. — CPLR art 78.) Present — Green, J. P., Hayes, Wisner, Pigott, Jr., and Scudder, JJ.

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