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MATTER OF LAMBERT v. KELLY

3670, 108305/08.

78 A.D.3d 554 (2010)

911 N.Y.S.2d 59

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

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

Decided November 23, 2010.

It is well settled that a probationary employee may be discharged without a hearing or statement of reasons, for any reason or no reason at all, in the absence of a showing that the dismissal was in bad faith, for a constitutionally impermissible purpose, or in violation of law (Matter of Witherspoon v Horn, 19 A.D.3d 250 [2005]). Moreover, the burden of proving bad faith is on the employee, and its mere assertion, without supporting...

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