Opinion
2012-05-17
In re Bernard W. GOONEWARDENA, Index—Petitioner–Appellant, v. STATE of New York WORKERS' COMPENSATION BOARD, Respondent–Respondent.
Bernard W. Goonewardena, appellant pro se. Eric T. Schneiderman, Attorney General, New York (Won S. Shin of counsel), for respondent.
Bernard W. Goonewardena, appellant pro se. Eric T. Schneiderman, Attorney General, New York (Won S. Shin of counsel), for respondent.
Order and judgment (one paper), Supreme Court, New York County (Walter B. Tolub, J.), entered October 15, 2009, which denied the petition brought pursuant to CPLR article 78 seeking, inter alia, to annul respondents' determination dated July 2, 2008 terminating petitioner's probationary employment and dismissed the proceeding, unanimously affirmed, without costs.
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 the dismissal was in bad faith, for a constitutionally impermissible purpose, or in violation of law (see Matter of Swinton v. Safir, 93 N.Y.2d 758, 762–763, 697 N.Y.S.2d 869, 720 N.E.2d 89 [1999]; Matter of York v. McGuire, 63 N.Y.2d 760, 761, 480 N.Y.S.2d 320, 469 N.E.2d 838 [1984] ). Evidence in the record regarding petitioner's unsatisfactory completion of his duties provide a rational basis for respondent's determination, particularly since petitioner received ample opportunity to improve ( see Matter of Johnson v. Katz, 68 N.Y.2d 649, 650, 505 N.Y.S.2d 64, 496 N.E.2d 223 [1986]; *885 Matter of Bienz v. Kelly, 73 A.D.3d 489, 901 N.Y.S.2d 199 [2010] ). No substantial issue was raised by petitioner's allegations purporting to show bad faith ( see Matter of Jones v. New York City Health & Hosps. Corp., 5 A.D.3d 338, 773 N.Y.S.2d 552 [2004] ). Thus, no hearing was required and the petition was properly denied ( see Matter of Johnson, 68 N.Y.2d at 650, 505 N.Y.S.2d 64, 496 N.E.2d 223).