Opinion
October 29, 1996.
Order and judgment (one paper), Supreme Court, New York County (Jane Solomon, J.), entered on or about May 7, 1996, which, in a proceeding pursuant to CPLR article 78 to annul the respondents' determination terminating petitioner's probationary employment as an assistant chemist, granted respondent's motion to dismiss the petition for failure to state a cause of action, unanimously affirmed, without costs.
Before: Sullivan, J. P., Milonas, Rubin, Williams and Andrias, JJ.
Contrary to petitioner's claim, Rules of the New York City Department of Personnel (59 RCNY, Appendix A) rule 5.2.7 (c) (1) allows for the termination of a probationary employee, appointed from a competitive class, after the minimum period of two months of employment. Therefore, judicial review is limited to whether the dismissal was in bad faith ( see, Matter of Johnson v Katz, 68 NY2d 649). Since the petition fails to allege facts in support of its conclusory claim of discrimination or otherwise show bad faith, the proceeding was properly dismissed.