# Green v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · June 7, 1999 · 262 A.D.2d 411

URL: https://www.frixlaw.com/law-library/cases/6038338

## Case

- **Full name:** In the Matter of Verna Green v. Board of Education of the City District of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 7, 1999
- **Citations:** 262 A.D.2d 411; 691 N.Y.S.2d 187; 1999 N.Y. App. Div. LEXIS 6332
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6038338

## Opinion text

—In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Board of Education of the City District of New York, dated October 1, 1997, terminating the petitioner’s employment as a probationary teacher, the petitioner appeals from a judgment of the Supreme Court, Kings County (Held, J.), dated May 8, 1998, which denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, with costs.
As a probationary employee, the petitioner could be terminated without a statement of reasons provided that the termination was not in bad faith, in violation of statutory or decisional law, or for unconstitutional or illegal reasons (see, Matter of Williams v Commissioner of Off. of Mental Health of State of N. Y., 259 AD2d 623 ; Matter of Iannuzzi v Town of Brookhaven, 258 AD2d 651 ; Matter of Wilson v New York City Tr. Auth., 254 AD2d 426 ; Matter of Bass v New York City Tr. Auth., 236 AD2d 536 ). The petitioner bears the burden of establishing such bad faith or illegal reasons (see, Matter of *412 Williams v Commissioner of Off. of Mental Health of State of N. Y., supra; Matter of Leskow v Office of Ct. Admin., 248 AD2d 1004 ; Matter of Dolcemaschio v City of New York, 180 AD2d 573 ), and conclusory allegations of bad faith are insufficient to meet this burden or to warrant a hearing (Matter of Leskow v Office of Ct. Admin., supra; Matter of Thomas v Abate, 213 AD2d 251 ).
The Supreme Court properly denied the' instant petition without a hearing. The respondent’s termination of the petitioner’s employment did not constitute bad faith or illegal conduct (see, Matter of Wilson v New York City Tr. Auth., supra; Matter of Sessoms v Abate, 223 AD2d 387 ; Matter of Nelson v Abate, 205 AD2d 454 ; Matter of Dolcemaschio v City of New York, supra). O’Brien, J. P., Ritter, Joy, Altman and Smith, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6038338. Public record. Not legal advice.