Mendez v. N.Y.C. Dep't of Educ.

• Decision Date: 25 October 2016
• Citation: 41 N.Y.S.3d 208 (Mem),63 N.E.3d 1152,2016 N.Y. Slip Op. 06947,28 N.Y.3d 993
• Parties: In the Matter of Diane MENDEZ, Respondent, v. NEW YORK CITY DEPARTMENT OF EDUCATION, et al., Appellants.
• Court: New York Court of Appeals Court of Appeals

28 N.Y.3d 993
63 N.E.3d 1152
41 N.Y.S.3d 208 (Mem)
2016 N.Y. Slip Op. 06947

In the Matter of Diane MENDEZ, Respondent,
v.
NEW YORK CITY DEPARTMENT OF EDUCATION, et al., Appellants.

Court of Appeals of New York.

Oct. 25, 2016.

Zachary W. Carter, Corporation Counsel, New York City (Emma Grunberg, Richard Dearing and Fay Ng of counsel), for appellants.

Respondent, precluded.

28 N.Y.3d 994

On review of submissions pursuant to section 500.11 of the Rules, order, insofar as appealed from aning the determination to terminate petitioner's probationary employment, reversed, without costs, so much of the petition as sought to annul that determination dismissed, and certified question answered in the negative. Petitioner did not establish that the termination of her probationary employment “was for a constitutionally impermissible purpose, violative of a statute, or done in bad faith” (Matter of Frasier v. Board of Educ. of City School Dist. of City of N.Y., 71 N.Y.2d 763, 765, 530 N.Y.S.2d 79, 525 N.E.2d 725 [1988] ).

Chief Judge DiFIORE and Judges PIGOTT, RIVERA, ABDUS–SALAAM, STEIN, FAHEY and GARCIA concur.