Opinion
June 28, 1994
Appeal from the Supreme Court, New York County (Robert Lippmann, J.).
"It is well settled that a probationary employee may be discharged without a hearing and without a statement of reasons in the absence of any demonstration that dismissal was for a constitutionally impermissible purpose or in violation of statutory or decisional law." (Matter of York v. McGuire, 63 N.Y.2d 760, 761.) The court's inquiry in this instance is limited to the question of whether the dismissal was in bad faith (Matter of Johnson v. Katz, 68 N.Y.2d 649, 650); and the record before this Court offers no support for petitioner's conclusory allegations that she was terminated due to, or as a result of her participation in the Employee Assistance Program. Indeed, petitioner's record of excessive absence and lateness was established well before her participation in that program and provided a sufficient basis for her termination (see, Matter of Jones v. Sielaff, 189 A.D.2d 593; Matter of Dolcemaschio v. City of New York, 180 A.D.2d 573, 575).
Concur — Sullivan, J.P., Carro, Wallach, Williams and Tom, JJ.