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MATTER OF BIENZ v. KELLY

2750, 113467/08

73 A.D.3d 489 (2010)

901 N.Y.S.2d 199

In the Matter of CHRISTOPHER E. BIENZ, Appellant, v. RAYMOND KELLY, as the Police Commissioner of the City of New York, et al., Respondents.

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

Decided May 11, 2010.

The record establishes that when petitioner was terminated, he was on probationary status, and "[i]t is well settled that a probationary employee may be discharged without a hearing and without a statement of reasons in the absence of any demonstration that dismissal was for a constitutionally impermissible purpose or in violation of statutory or decisional law" (Matter of York v McGuire, 63 N.Y.2d 760, 761 [1984]; see Matter...

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