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IN THE MATTER OF ROBERTS v. CITY OF NEW YORK

21 A.D.3d 329 (2005)

800 N.Y.S.2d 672

In the Matter of LILLIAN ROBERTS, as Executive Director of District Council 37, American Federation of State, County & Municipal Employees, AFL-CIO, et al., Appellants, v. CITY OF NEW YORK et al., Respondents. In the Matter of LILLIAN ROBERTS, as Executive Director of District Council 37, American Federation of State, County & Municipal Employees, AFL-CIO, et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

August 25, 2005.

Provisional employees "may be terminated at any time" (Matter of Preddice v. Callanan, 69 N.Y.2d 812, 814 [1987]) unless "terminated in violation of a constitutional provision or some statute" (id.; see also Matter of State Div. of Human Rights v. County of Onondaga Sheriff's Dept., 71 N.Y.2d 623 [1988]). Petitioners allege that respondents violated various statutes and

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