CURCIO v. NEW YORK CITY DEPARTMENT OF EDUCATION


55 A.D.3d 438 (2008)

866 N.Y.S.2d 73

LOUIS CURCIO, Respondent, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Appellants.

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

October 23, 2008.


Petitioner's challenge to the termination of his probationary employment under his physical education license, which was based on his alleged premeditated misuse of sick leave, should have been dismissed, since petitioner failed to establish that his termination "was for a constitutionally impermissible purpose, violative of a statute, or done in bad faith" (Matter of Frasier v Board of Educ. of City School Dist. of City of NY., 71 N.Y.2d 763

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