Opinion
August 26, 1991
Appeal from the Supreme Court, Kings County (Hutcherson, J.).
Ordered that the appeal from so much of the judgment as denied the petitioner a name-clearing hearing is dismissed as withdrawn; and it is further,
Ordered that the judgment is affirmed insofar as reviewed; and it is further,
Ordered that the respondents are awarded costs.
The petitioner, a provisional employee, brought this proceeding seeking to compel his employer, the New York City Transit Authority, to reinstate him to his former position, together with back pay, costs, disbursements, and attorneys' fees, and to give him a name-clearing hearing. The New York City Transit Authority moved to dismiss the petition pursuant to CPLR 3211 (a) (7) for failure to state a cause of action. The Supreme Court dismissed the petition, stating that the conduct of which the petitioner complained did not fall within the provisions of Civil Service Law § 75-b and that he was not entitled to a name-clearing hearing.
It is firmly established that provisional employees "may be [discharged] at any time without charges preferred, a statement of reasons given or a hearing held" (Matter of Preddice v Callanan, 69 N.Y.2d 812, 814). Moreover, absent a violation of a constitutional or statutory provision, reinstatement is not an available remedy to the employee. The record at bar does not support the petitioner's claim of a violation of his right to freedom of expression (cf., Connick v Myers, 461 U.S. 138, 142).
We note that the petitioner has, by letter, withdrawn his appeal from so much of the judgment as denied him a name-clearing hearing. Rosenblatt, J.P., Miller, O'Brien and Ritter, JJ., concur.