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eBook details

• Title: Application Daniel Rivoli v. Henry Stern
• Author : Supreme Court of New York
• Release Date : January 24, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

The record refutes petitioner's initial claim that he was a permanent civil service employee at the time of his dismissal
from his position with the New York City Department of Parks and Recreation. During petitioner's one-year probationary term,
between January 1, 1987 and December 31, 1987, he took eight days and six hours of annual leave and three and one-half days
of sick leave. Pursuant to Rule 5.2.8. of the Rules and Regulations of the City Personnel Director, the probationary period
is extended by the number of working days petitioner was on leave (see, Tomlinson v Ward, 110 A.D.2d 537, 538, affd 66 N.Y.2d
771). Thus, when petitioner agreed to extend his probation on January 12, 1988, his probationary period had not yet expired
because he had taken more than twelve days leave during his one-year probation. Consequently, as a probationary employee, petitioner's employment as subject to being terminated without a hearing and without
any reasons stated therefor (Matter of York v McGuire, 63 N.Y.2d 760, 761). In challenging his dismissal, petitioner has the
burden of establishing by competent evidence that his termination was made in bad faith, i.e., for constitutionally impermissible
reasons or in violation of statute or policies established by decisional law (Matter of Talamo v Murphy, 38 N.Y.2d 637, 639).

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