A probationary employee may be summarily terminated during his or her probationary period provided it is not unlawful or made in bad faith

When the New York City Department of Education [DOE] terminated an individual [Educator] serving in a civil service position in the Unclassified Service* during his probationary period, Educator file a petition pursuant to CPLR Article 78 seeking a court order annulling his dismissal from his position and directing DOE to reinstate him to his former position.Supreme Court dismissed Plaintiff's petition and the Appellate Division unanimously affirmed the lower court's ruling, explaining that, as the Court of Appeals held in Duncan v Kelly, 9 NY3d 1024, that Duncan, a probationary police officer, could be terminated without "notice and hearing" for any reason or no reason at all, as long as the dismissal was not unlawful or made in bad faith.**Educator, said the Appellate Division, "alleges no facts to show that his termination was for an illegal or an improper reason" and his characterization of his termination as having been made in bad faith was…

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