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MATTER OF FITZGERALD v. MATTHEWS

244 A.D.2d 193 (1997)

664 N.Y.S.2d 26

In the Matter of Thomas Fitzgerald, Appellant, v. Jean Matthews, as Executive Deputy Administrator, Office of Personnel, Human Resources Administration, Respondent

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

November 13, 1997

The petition fails to allege facts sufficient to support a finding of bad faith (see, Matter of York v McGuire, 63 N.Y.2d 760). That petitioner's immediate supervisor may have been performing out-of-title work in supervising and evaluating petitioner's probationary employment does not demonstrate bad faith, inasmuch as the negative evaluations of petitioner were reviewed and signed by a more senior supervisor, and petitioner...

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