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MATTER OF BUDD v. KELLY

14 A.D.3d 437 (2005)

788 N.Y.S.2d 114

In the Matter of KEITH BUDD, Appellant-Respondent, v. RAYMOND W. KELLY, as Police Commissioner of the City of New York, et al., Respondents-Appellants.

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

January 25, 2005.

Probationary employment can be terminated without a hearing, absent a showing that the termination is in bad faith or for an impermissible reason (Matter of Swinton v Safir, 93 N.Y.2d 758 [1999]). Petitioner failed to raise a triable issue of fact as to his probationary status at the time of his termination. The unrefuted evidence reveals that the period of time at issue, during which petitioner was concededly absent from duty, was...

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