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MATTER OF DUNCAN v. KELLY

43 A.D.3d 297 (2007)

841 N.Y.S.2d 237

In the Matter of MYRON DUNCAN, Appellant, v. RAYMOND W. KELLY, as Police Commissioner of the City of New York, et al., Respondents.

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

Decided August 9, 2007.

The facts have been set forth by the dissent and need not be repeated here.

It is well settled that a probationary employee may be discharged for any or no reason, absent a showing that such dismissal was in bad faith, for a constitutionally impermissible purpose or in violation of law (see Matter of Swinton v Safir, 93 N.Y.2d 758, 762-763 [1999]). Petitioner failed to meet his burden of proving dismissal in bad faith (

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