IN RE: Application of Kenneth SMITH (2002)

Order, Supreme Court, New York County (Michael Stallman, J.), entered February 21, 2001, which denied petitioner's application, brought pursuant to CPLR article 78, to annul the termination of his employment and dismissed the proceeding, unanimously affirmed, without costs.

 Petitioner remained a probationary employee at the time of his dismissal since his probationary period was extended by the number of days that he was absent from duty (see, Matter of Skidmore v. Abate, 213 A.D.2d 259, 260, 624 N.Y.S.2d 12;  Tomlinson v. Ward, 110 A.D.2d 537, 538, 487 N.Y.S.2d 779 affd. 66 N.Y.2d 771, 497 N.Y.S.2d 368, 488 N.E.2d 114;  Department of Correction, Rules and Regulations, § 3.30.20[b] ), and, in view of petitioner's probationary status, he was not entitled to a pretermination hearing (see, Skidmore v. Abate, supra ).   Contrary to petitioner's contention, he was not entitled to personal notice that his probationary period had been extended by his absences (see, Matter of Garcia v. Bratton, 90 N.Y.2d 991, 993, 665 N.Y.S.2d 621, 688 N.E.2d 495;  Matter of Beck v. Walker, 286 A.D.2d 996, 730 N.Y.S.2d 658).   Petitioner was on notice that his probationary period would be extended by his absences since he signed a form acknowledging this and other conditions of his probation.

 The court properly upheld petitioner's dismissal.  “It is well settled that a provisional or probationary employee may be discharged for any or no reason at all in the absence of a showing that his or her dismissal was in bad faith, for a constitutionally impermissible purpose or in violation of law” (Matter of Brown v. City of New York, 280 A.D.2d 368, 370, 721 N.Y.S.2d 497, citing Matter of Swinton v. Safir, 93 N.Y.2d 758, 762-763, 697 N.Y.S.2d 869, 720 N.E.2d 89).   Petitioner has failed to sustain his burden to demonstrate that his dismissal was in bad faith (see, Matter of Dash v. Brown, 199 A.D.2d 41, 42, 604 N.Y.S.2d 108, lv. denied 83 N.Y.2d 753, 612 N.Y.S.2d 107, 634 N.E.2d 603).