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MATTER OF MITCHELL v. SIELAFF

196 A.D.2d 692 (1993)

601 N.Y.S.2d 613

In the Matter of Allan Mitchell, Appellant, v. Allyn R. Sielaff, as Correction Commissioner of The City of New York, et al., Respondents-Respondents

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

September 2, 1993

A probationary employee may be terminated without a hearing and without reasons being given, absent bad faith, which it is the employee's burden to show (see, Kroboth v Sexton, 160 A.D.2d 126, 129). Petitioner fails to meet that burden here. The record shows that after agreeing to probation in settlement of various charges involving violations of time and leave rules, petitioner then committed three more such violations and...

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