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Labor & Employment Law

: New York Public Personnel Law

Termination during the probationary period

By Harvey Randall, Esq.

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Termination during the probationary period
Matter of Sztabnik v City of New York, App Div, 2d Dept 2006 NYSlipOp 05375

The Appellate Division, Second Department affirmed the termination of Donald Sztabnik as Chief Administrative Superintendent. Sztabnik had been reinstated to his prior title of Administrative Superintendent prior to the end of his probationary period. The court said that "A probationary employee may be discharged without a hearing and without a statement of reason in the absence of any demonstration that the dismissal was for a constitutionally-impermissible purpose or in violation of statutory or decisional law" citing such decisions as Walsh v New York State Thruway Auth., 24 AD3d 755, 757; see Matter of Montero v Lum, 68 NY2d 253, 257-258; Matter of York v McGuire, 63 NY2d 760, 761; and Matter of Rossetti-Boerner v Hampton Bays Union Free School Dist., 1 AD3d 367, 368)

Full post as published by New York Public Personnel Law on March 11, 2008 (boomark / email).

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