Matter of Rossetti-Boerner v. Hampton Bays Union Free School District
| Decision Date | 03 November 2003 |
| Docket Number | 2002-08630. |
| Citation | 1 A.D.3d 367,2003 NY Slip Op 18052,766 N.Y.S.2d 597 |
| Parties | In the Matter of ANDREA ROSSETTI-BOERNER, Appellant, v. HAMPTON BAYS UNION FREE SCHOOL DISTRICT, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Ordered that one bill of costs is awarded to the respondent.
It is well settled that a probationary employee may be discharged without a hearing and without a statement of reason in the absence of any demonstration that dismissal was for a constitutionally-impermissible purpose or in violation of statutory or decisional law (see Matter of York v McGuire, 63 NY2d 760, 761 [1984]; Matter of Green v Board of Educ. of City Dist. of N.Y., 262 AD2d 411 [1999]). "Judicial review of the determination to discharge a probationary employee is limited to an inquiry as to whether the termination was made in bad faith" (Matter of Johnson v Katz, 68 NY2d 649, 650 [1986]). The petitioner bears the burden of establishing such bad faith or illegal conduct by competent evidence rather than speculation (see Matter of Williams v Commissioner of Off. of Mental Health of State of N.Y., 259 AD2d 623 [1999]; Matter of Amnawah v Board of Educ. of City of N.Y., 266 AD2d 455 [1999]; Matter of Beacham v Brown, 215 AD2d 334 [1995]). The petitioner failed to show that she was terminated in bad faith. Contrary to the petitioner's contention, evidence in the record supports the conclusion that she was properly notified pursuant to the terms of her collective bargaining agreement that her performance was substandard.
The respondent's contention that the collective bargaining agreement cannot be read to divest a school district of its statutory power under Education Law § 3012 has been raised...
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