Opinion
460
March 13, 2003.
Judgment, Supreme Court, New York County (Herman Cahn, J.), entered July 8, 2002, which denied petitioner's application to annul respondent's determination terminating her probationary employment as a Principal Administrative Associate in the Bureau of Day Care, and dismissed the petition, unanimously affirmed, without costs.
Robert Ligansky, for petitioner-appellant.
Marta Ross, for respondents-respondents.
Before: Mazzarelli, J.P., Saxe, Sullivan, Ellerin, Gonzalez, JJ.
Ample evidence in the record supporting the conclusion that petitioner's performance was unsatisfactory establishes that respondents' termination of petitioner was done in good faith (see Johnson v. Katz, 68 N.Y.2d 649). Petitioner fails to raise any material issues of fact as to bad faith. No issue of bad faith is raised by respondents' failure to give petitioner all of the formal written performance evaluations called for in their rules (see Matter of Johnson v. City of New York, id.). On the contrary, there is no question that petitioner was given considerable advice, much of it in writing, concerning her job requirements and her repeated failure to fulfill them.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.