York v. McGuire — 63 N.Y.2d 760

Majority

p. 760

In the Matter of Cynthia York, Appellant, v Robert J. McGuire, as Police Commissioner of the City of New York, et al., Respondents.

Decided September 20, 1984

APPEARANCES OF COUNSEL

Jeffrey S. Wasserman for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel {June A. Witterschein of counsel), for respondents.

p. 761

OPINION OF THE COURT

Memorandum.

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

It is well settled that a probationary employee may be discharged without a hearing and without a statement of reasons in the absence of any demonstration that dismissal was for a constitutionally impermissible purpose or in violation of statutory or decisional law (Matter of Bergamini v Manhattan & Bronx Surface Tr. Operating Auth., 62 NY2d 897 ; Matter of Stanziale v Executive Dept., 55 NY2d 735 ; Matter of Talamo v Murphy, 38 NY2d 637 ; James v Board of Educ., 37 NY2d 891 ).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, 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.

Cases cited

Bergamini v. Manhattan & Bronx Surface Transit Operating Authority 62 NY2d 897 N.Y. 1984-06-12 p. 761
Stanziale v. Executive Department, Office of General Services 55 NY2d 735 N.Y. 1981-11-24 p. 761
Talamo v. Murphy 38 NY2d 637 N.Y. 1976-02-26 p. 761
James v. Board of Education 37 NY2d 891 N.Y. 1975-10-28 p. 761