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MATTER OF WHELAN v. ROZZI

155 A.D.2d 603 (1989)

In the Matter of Joseph G. Whelan, Appellant, v. Samuel J. Rozzi, as Commissioner of Police of Nassau County, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 20, 1989

Ordered that the judgment is affirmed, without costs or disbursements.

It is axiomatic that a probationary employee may be discharged without a reason and without a hearing (see, Matter of York v McGuire, 63 N.Y.2d 760). The courts will intervene only where it is shown that the discharge was made in bad faith, and therefore was arbitrary and capricious, or was due to constitutionally impermissible reasons, or was prohibited...

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