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  5. 160 A.D.2d 126 (1990)
 

KROBOTH v. SEXTON

160 A.D.2d 126 (1990)

Joseph Kroboth, Appellant, v. Brendan Sexton, as Commissioner of the Department of Sanitation of The City of New York, Respondent

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

August 9, 1990

Attorney(s) appearing for the Case

Robert J. Lashaw for appellant.

Julian L. Kalkstein of counsel (Larry A. Sonnenshein with him on the brief; Victor A. Kovner, Corporation Counsel, attorney), for respondent.

MILONAS, KASSAL and ELLERIN, JJ., concur with CARRO, J.; KUPFERMAN, J. P., dissents in an opinion.

CARRO, J.

The broad discretion enjoyed by those who are empowered to discharge probationary employees is not unbridled, but is, as a matter of law and public policy, contingent upon good faith.

The essential facts in this case are not complex. Petitioner, Joseph Kroboth, was appointed as a probationary sanitation worker on July 18, 1988 by the Department of Sanitation (the Department) of which respondent...

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