Petitioner filed an Article 78 to annul Respondent’s determination, which terminated Petitioner’s probationary employment as a police officer; The Court unanimously affirmed the termination.
Petitioner failed to state a claim in the petition and did not prove that his termination was in bad faith for an improper or impermissible reason. Respondents are entitled to discharge probationary police officers “for almost any reason.” So long as the decision was not made in bad faith.
Petitioner believed his termination was based on his refusal to disclose psychological treatment he underwent at the age of six. Although Respondent claimed that was not the reason, even if it was that would have been a valid reason because materials such as that can be deemed “such omissions as material to his qualifications.”
Petitioner failed to allege facts supporting a conclusion that his termination was in bad faith and given his failure to do so, a hearing to resolve the truth of the facts alleged was unnecessary and decision of termination remained.
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