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IN THE MATTER OF BATISTA v. KELLY

16 A.D.3d 182 (2005)

791 N.Y.S.2d 45

In the Matter of BRAULIO BATISTA, Appellant, v. RAYMOND KELLY, as Police Commissioner of the City of New York, Respondent.

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

March 10, 2005.

Since petitioner has no tenable claim that his dismissal from his probationary position results from bad faith on respondent's part, the motion to dismiss the petition was properly granted (see Matter of Johnson v Katz, 68 N.Y.2d 649 [1986]). Indeed, far from demonstrating bad faith, the record discloses that there was a rational basis for the challenged determination. By his own admission, petitioner parked illegally while off duty...

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