Opinion
Submitted April 28, 1999
June 7, 1999
In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Board of Education of the City District of New York, dated October 1, 1997, terminating the petitioner's employment as a probationary teacher, the petitioner appeals from a judgment of the Supreme Court, Kings County (Held, J.), dated May 8, 1998, which denied the petition and dismissed the proceeding.
Thomas P. Hartnett, New York, N.Y., for appellant.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Kristin M. Helmers of counsel; Rebecca Lynn-Macrae on the brief), for respondent.
CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, DANIEL W. JOY, MYRIAM J. ALTMAN, NANCY E. SMITH, JJ.
DECISION ORDER
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 Office of Mental Health of State of N.Y., 259 A.D.2d 623 [2d Dept., Mar. 15, 1999]; Matter of Iannuzzi v. Town of Brookhaven, 258 A.D.2d 651 [2d Dept., Feb. 22, 1999]; Matter of Wilson v. New York City Tr. Auth., 254 A.D.2d 426 [2d Dept., Oct. 19, 1998]; Matter of Bass v. New York City Tr. Auth., 236 A.D.2d 536). The petitioner bears the burden of establishing such bad faith or illegal reasons ( see, Matter of Williams v. Commissioner of Office of Mental Health of State of N.Y., supra; Matter of Leskow v. Office of Ct. Admin., State of N.Y., Unified Ct. Sys., 248 A.D.2d 1004; Matter of Dolcemaschio v. City of New York, 180 A.D.2d 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., State of N.Y., Unified Ct. Sys., supra; Matter of Thomas v. Abate, 213 A.D.2d 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 A.D.2d 387; Matter of Nelson v. Abate, 205 A.D.2d 454; Matter of Dolcemaschio v. City of New York, supra).