Opinion
14116.
02-03-2015
In re Adama WELLINGTON, Petitioner–Appellant, v. CITY OF NEW YORK, et al., Respondents–Respondents.
Kreisberg & Maitland, LLP, New York (Jeffrey L. Kreisberg of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for respondents.
Kreisberg & Maitland, LLP, New York (Jeffrey L. Kreisberg of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for respondents.
Opinion Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered October 8, 2013, which denied the petition to annul respondent's determination, dated July 31, 2012, terminating petitioner's probationary employment, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
Petitioner failed to demonstrate that respondent's termination of her probationary employment was in bad faith (see Matter of Cortijo v. Ward, 158 A.D.2d 345, 551 N.Y.S.2d 36 [1st Dept.1990] ). Although criminal charges filed against petitioner were dismissed, termination of a probationary employee based on an arrest for criminal charges that were subsequently dismissed does not constitute bad faith (see Matter of Holmes v. Sielaff, 182 A.D.2d 557, 585 N.Y.S.2d 698 [1st Dept.1992] ; Oberson v. City of New York, 232 A.D.2d 172, 648 N.Y.S.2d 13 [1st Dept.1996] ). Moreover, the record reflects that petitioner's job performance was considered sub-standard (see Oberson, 232 A.D.2d at 173, 648 N.Y.S.2d 13 ).MAZZARELLI, J.P., SWEENY, MOSKOWITZ, DeGRASSE, MANZANET–DANIELS, JJ., concur.