Opinion
3253.
Decided March 30, 2004.
Judgment, Supreme Court, New York County (Edward Lehner, J.), entered July 9, 2002, which granted respondents' cross motion to dismiss the petition for failure to state a cause of action, unanimously affirmed, without costs.
Antonia Kousoulas, for Petitioner-Appellant.
Edward F.X. Hart, for Respondents-Respondents.
Before: Nardelli, J.P., Tom, Andrias, Saxe, Marlow, JJ.
The petition, which admits that petitioner had lateness and absenteeism problems while on disciplinary probation, on its face shows a good faith basis for petitioner's termination, requiring dismissal of the petition ( see Matter of Wilson v. Bratton, 266 A.D.2d 140, 142, citing Matter of Butler v. Abate, 204 A.D.2d 171, 172). The effect of such admission of good faith is not negated by petitioner's other allegations purporting to show bad faith ( Matter of Morgan v. Safir, 281 A.D.2d 376, lv denied 97 N.Y.2d 601).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.