Majority
p. 1149In the Matter of Edward Christman, Respondent, v James Introne, as Commissioner of the New York State Office of Mental Health, et al., Appellants.
— Order unanimously reversed, without costs, and petition dismissed. Memorandum: As a probationary employee, petitioner has no property interest which would entitle him to a hearing prior to termination (Board of Regents v Roth, 408 US 564 , 569; Matter of Anonymous v Codd, 40 NY2d 860 ; Matter of Talamo v Murphy, 38 NY2d 637 ; Ranks v Blum, 96 AD2d 1144 ; Matter of Salvatore v Nasser, 81 AD2d 1012 ). Special Term erred, therefore, by directing that respondent prove specific charges of wrongdoing before an arbitrator. (Appeal from order of Supreme Court, Oneida County, J. O’C. Conway, J. — art 78.) Present — Dillon, P. J., Callahan, Doerr, Green and Moule, JJ.
Cases cited
- Board of Regents of State Colleges v. Roth 408 US 564 at 569 p. 1149
- Anonymous v. Codd 40 NY2d 860 p. 1149
- Talamo v. Murphy 38 NY2d 637 p. 1149
- Salvatore v. Nasser 81 AD2d 1012 p. 1149