Opinion
October 9, 1997
Appeal from Supreme Court, New York County (Carol Huff, J.).
Petitioner, a probationary employee, failed to demonstrate that his termination was based on a constitutionally impermissible reason, that it violated statutory or decisional law or that it was motivated by bad faith ( Matter of York v. McGuire, 63 N.Y.2d 760). The New York State Department of Labor's determination to grant petitioner's claim for unemployment benefits is not dispositive of the issue raised herein ( see, Matter of Rivoli v Stern, 160 A.D.2d 601).
Concur — Sullivan, J.P., Rosenberger, Ellerin and Nardelli, JJ.