Opinion
June 21, 1993
Appeal from the Supreme Court, Kings County (Shaw, J.).
Ordered that the judgment is affirmed, with costs.
In 1982, the petitioner was appointed Chairperson of Subcommittee on Special Education of Community School District 21 pursuant to a resolution by the Board of Education of the City of New York. In 1990, however, after numerous complaints had been made about the petitioner's work performance, the petitioner was dismissed as Chairperson and was reassigned to the position of "educational evaluator". Thereafter, the petitioner commenced this proceeding, claiming that she was entitled to a pretermination hearing.
The petitioner was not entitled to a pretermination hearing pursuant to Civil Service Law § 75 since she held an unclassified and at-will position (see, Matter of Tyson v. Hess, 66 N.Y.2d 943; Matter of Ause v. Regan, 59 A.D.2d 317; Civil Service Law § 35 [g]). Moreover, the petitioner did not have a constitutionally protected property interest entitling her to such a hearing (see, Board of Regents v. Roth, 408 U.S. 564; Bykofsky v. Hess, 107 A.D.2d 779, affd 65 N.Y.2d 730, cert denied 474 U.S. 995; Matter of Lutwin v. Alleyne, 86 A.D.2d 670, mod on other grounds, 58 N.Y.2d 889).
The petitioner's claim that she was entitled to a name-clearing hearing due to the alleged stigmatizing nature of the charges against her is raised for the first time on appeal and, therefore, is unpreserved for appellate review (see, Matter of Miller v. Loewenberg, 75 A.D.2d 620).
We find no merit to the petitioner's remaining contentions. Rosenblatt, J.P., Copertino, Santucci and Joy, JJ., concur.