MUNICH v. CITY OF LACKAWANNA DEPARTMENT OF PUBLIC SAFETY (1999)

 Supreme Court erred in granting the petition and annulling the determination terminating petitioner's employment as a probationary firefighter with respondent City of Lackawanna (City).  “It is axiomatic that a probationary employee may be discharged without a hearing and without a statement of the reasons for doing so provided the dismissal was not for a constitutionally impermissible purpose or in violation of statutory or decisional law” (Matter of Park-Cunningham v. City of Watertown, 186 A.D.2d 1027, 590 N.Y.S.2d 791;  see, Matter of Spremo v. Lonschein, 82 N.Y.2d 882, 884, 610 N.Y.S.2d 140, 632 N.E.2d 449;  Matter of York v. McGuire, 63 N.Y.2d 760, 761, 480 N.Y.S.2d 320, 469 N.E.2d 838).   The false representations by petitioner concerning his residence at the time of his employment with the City provided a sufficient basis for his termination (see, Matter of Castner v. Griffith, 226 A.D.2d 1095, 641 N.Y.S.2d 769;  see generally, Matter of Park-Cunningham v City of Watertown, supra;  Matter of Macklin v. Powell, 107 A.D.2d 964, 484 N.Y.S.2d 377, 484 N.Y.S.2d 377).

Judgment unanimously reversed on the law without costs and petition dismissed.

MEMORANDUM: