Opinion
15748 Index No. 154882/20 Case No. 2021–03633
04-19-2022
In the Matter of Minerva GOMEZ, Petitioner–Appellant, v. CITY OF NEW YORK et al., Defendants–Respondents.
Glass Harlow & Hogrogian LLP, New York (Bryan D. Glass of counsel), for appellant. Sylvia O. Hinds–Radix, Corporation Counsel, New York (Geoffrey M. Stannard of counsel), for respondents.
Glass Harlow & Hogrogian LLP, New York (Bryan D. Glass of counsel), for appellant.
Sylvia O. Hinds–Radix, Corporation Counsel, New York (Geoffrey M. Stannard of counsel), for respondents.
Gische, J.P., Webber, Scarpulla, Rodriguez, Higgitt, JJ.
Judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered on or about March 11, 2021, denying the petition to annul the determination of respondent New York City Department of Education (DOE), dated March 16, 2020, which discontinued petitioner's probationary employment as an assistant principal, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
Petitioner failed to demonstrate that her probationary employment as assistant principal was terminated in bad faith, in violation of a law, or for an impermissible reason (see Matter of Brown v. City of New York, 280 A.D.2d 368, 370, 721 N.Y.S.2d 497 [1st Dept. 2001] ). The record shows that DOE discontinued petitioner's probationary position because of her failure to comply with directives, complete assignments, and petitioner's two-year history of poor work performance (see Matter of Tenenbein v. New York City Dept. of Educ., 178 A.D.3d 510, 510, 111 N.Y.S.3d 844 [1st Dept. 2019] ). As the evidence documenting petitioner's unacceptable work performance began in 2018 and continued for an extensive period of time before she filed her harassment complaint, there is no evidence of retaliation (see Matter of Johnson v. City of New York, 281 A.D.2d 322, 722 N.Y.S.2d 156 [1st Dept. 2001] ). Further, contrary to petitioner's contention, there is no showing here that respondents violated the Taylor Law (see Civil Service Law § 209–a[1] ). In the absence of a demonstration that the discontinuance was in bad faith or in violation of the law, petitioner, as a probationary employee, may be discharged without a hearing (see Matter of Childs v. Board of Educ. of the City of N.Y., 176 A.D.3d 560, 560, 108 N.Y.S.3d 846 [1st Dept. 2019] ).