MATTER OF GREEN v. BOARD OF EDUCATION OF THE CITY DISTRICT OF NEW YORK
| Citation | 262 A.D.2d 411,691 N.Y.S.2d 187 |
| Parties | In the Matter of VERNA GREEN, Appellant,<BR>v.<BR>BOARD OF EDUCATION OF THE CITY DISTRICT OF NEW YORK, Respondent. |
| Decision Date | 07 June 1999 |
| Court | New York Supreme Court — Appellate Division |
O'Brien, J. P., Ritter, Joy, Altman and Smith, JJ., concur.
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 Williams v Commissioner of Off. of Mental Health of State of N. Y., supra; Matter of Leskow v Office of Ct. Admin., 248 AD2d 1004; Matter of Dolcemaschio v City of New York, 180 AD2d 573), and conclusory allegations of bad faith are insufficient to meet this burden or to warrant a hearing (Matter of Leskow v Office of Ct. Admin., supra; Matter of Thomas v Abate, 213 AD2d 251).
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).
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