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IN THE MATTER OF DAVIDS v. CITY OF NEW YORK

2588, 113038/07

72 A.D.3d 557 (2010)

898 N.Y.S.2d 456

In the Matter of JOSEPH DAVIDS, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided April 22, 2010.

The record discloses a rational basis for petitioner's demotion, as the evidence amply supports the conclusion that his job performance was unsatisfactory (see Matter of Johnson v Katz, 68 N.Y.2d 649, 650 [1986]). Petitioner did not meet his burden of establishing that the demotion was made in bad faith (see e.g. Matter of Chow v City of N.Y. Dept. of Health, 303 A.D.2d 237 [2003...

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