IN RE: JESSICA WALKER (2026)

Muriel Goode–Trufant, Corporation Counsel, New York (Hannah J. Sarokin of counsel), for appellant-respondent.

Kreisberg Maitland Mendelberg & O'Hearn, LLP, New York (Jeffrey L. Kreisberg of counsel), for respondent-appellant.

Judgment (denominated an order), Supreme Court, New York County (Arlene P. Bluth, J.), entered September 17, 2024, granting in part the petition to annul a determination of the New York City Department of Correction (DOC), effective November 6, 2023, which terminated petitioner's employment, and reinstating petitioner, but denying petitioner's request for backpay, unanimously modified, on the law, to deny the petition, dismiss the proceeding brought pursuant to CPLR article 78, and otherwise affirmed, without costs.

Petitioner, who served in a non-competitive title for DOC since January 17, 2023, was terminated without notice or a hearing effective November 6, 2023.  The parties dispute whether petitioner had completed her probationary period by the date of her discharge.  We need not resolve that dispute because, even if petitioner had completed her probationary period, she would not have been entitled to a pretermination hearing under the Civil Service Law, which affords tenure protections to employees serving in non-competitive titles only once they have “completed at least five years of continuous service” (Civil Service Law § 75[1][c];  see Genesky v Local 1000, AFSCME, AFL–CIO, CSEA, 287 A.D.2d 594, 595 [2d Dept 2001];  Matter of Voorhis v Warwick Val. Cent. School Dist., 92 A.D.2d 571, 572 [2d Dept 1983] ).

Because petitioner was not discharged in violation of the Civil Service Law, there is no basis to order her reinstated with backpay (see Civil Service Law § 77).