Opinion
April 4, 1988
Appeal from the Supreme Court, Kings County (Hutcherson, J.).
Ordered that the judgment is affirmed, with costs.
The petitioner was a probationary high school teacher of biology and general science who was discharged for being late 117 times during the 1984-1985 school year and for unsatisfactory teaching performance documented by many reports. The petitioner claims he was not afforded a full hearing to review the Chancellor's decision to terminate his probationary status. However, it is well settled that employment of a probationary employee may be terminated without a hearing and without specific reasons being stated and, in the absence of bad faith, the determination must be upheld (Matter of Ostoyich v. State of New York, 99 A.D.2d 839, lv denied 62 N.Y.2d 605). There was no showing of bad faith.
The petitioner also seeks a declaration of his rights under his teaching license. This license has not been revoked by the Chancellor, and the granting of such relief is clearly unwarranted. The petitioner further seeks a name-clearing hearing, claiming he has been stigmatized by the charge regarding his excessive tardiness. The petitioner has failed to submit any evidence of his being stigmatized and, therefore, such a hearing is unnecessary (see, Matter of Petix v. Connelie, 47 N.Y.2d 457; cf., Matter of Merhige v. Copaigue School Dist., 76 A.D.2d 926). Bracken, J.P., Lawrence, Rubin and Kooper, JJ., concur.