Hyperlawhypertext legal databasebeta Gray v. Director, Bronx Developmental Services 62 N.Y.2d 729

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Gray v. Director, Bronx Developmental Services

62 N.Y.2d 729 Court N.Y. Decision date 1984-05-08 English

Judges Chief Judge Cooke and Judges Jasen, Jones, Wacht-ler, Meyer, Simons and Kaye concur.

Contents

Majority

p. 729
In the Matter of Gwendolyn Gray, Appellant, v Director, Bronx Developmental Services, Respondent.
Decided May 8, 1984
p. 730

Headnote

APPEARANCES OF COUNSEL
Kenneth A. Schultz for appellant.
Robert Abrams, Attorney-General (Thomas P. Dorsey and Peter H. Schiff of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

There is no basis, on this record, for concluding that petitioner’s probationary appointment was terminated for patient abuse, rather than for the stated reason of unsatisfactory performance. Accordingly, petitioner is not entitled to a name-clearing hearing, inasmuch as the reason for dismissal was not of a stigmatizing nature (Matter of Petix v Connelie, 47 NY2d 457 ). Whether respondent had a good-faith basis for terminating petitioner is an issue beyond our powers of review, given the findings below (Matter of Lentlie v Egan, 61 NY2d 874 ).

Chief Judge Cooke and Judges Jasen, Jones, Wacht-ler, Meyer, Simons and Kaye concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.

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