IN RE: Anthony SMITH (2006)

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Kingsboro Psychiatric Center (KPC) dated June 22, 2004, terminating the petitioner's probationary employment, the petitioner appeals from a judgment of the Supreme Court, Kings County (Bunyan, J.), dated February 28, 2005, which denied the petition and dismissed the proceeding.

ORDERED that the judgment is affirmed, with costs.

The petitioner applied for a position with the respondent Kingsboro Psychiatric Center (KPC) (hereinafter referred to as KPC).  On his employment application, the petitioner answered in the affirmative that he had been convicted of a crime, but disclosed only one of his eight convictions.   Two months after the petitioner began his employment, and within his probationary period, KPC discovered the full extent of his criminal record and terminated his employment for falsifying the employment application.

 A court's review of a determination to terminate a probationary employee is limited to consideration of whether the dismissal was in bad faith, in violation of statutory or decisional law, or for unconstitutional or illegal reasons (see Matter of Hernandez v. City of White Plains, 301 A.D.2d 523, 524, 753 N.Y.S.2d 731;  see also Matter of Swinton v. Safir, 93 N.Y.2d 758, 763, 697 N.Y.S.2d 869, 720 N.E.2d 89).   Unless one or more of these conditions is present, a probationary employee may be terminated without a hearing or a statement of reasons (see Matter of Johnson v. Katz, 68 N.Y.2d 649, 650, 505 N.Y.S.2d 64, 496 N.E.2d 223;  Matter of York v. McGuire, 63 N.Y.2d 760, 761, 480 N.Y.S.2d 320, 469 N.E.2d 838;  Matter of Hernandez v. City of White Plains, supra, 301 A.D.2d at 524, 753 N.Y.S.2d 731;  Matter of Green v. Board of Educ. of City Dist. of N.Y., 262 A.D.2d 411, 691 N.Y.S.2d 187;  Matter of Williams v. Commissioner of Off. of Mental Health of State of N.Y., 259 A.D.2d 623, 686 N.Y.S.2d 788).

 The petitioner contends that his employment was terminated because of his criminal record, in violation of Corrections Law § 752.   Contrary to the petitioner's contentions, however, the termination of his employment based upon his failure to disclose his criminal record completely and truthfully does not implicate that provision (see Matter of Lagarenne v. Leake, 243 A.D.2d 258, 259, 664 N.Y.S.2d 512;  Matter of Stewart v. Civil Serv. Commn. of City of N.Y., 84 A.D.2d 491, 494, 446 N.Y.S.2d 948).   Moreover, the Supreme Court correctly concluded that the record provided a rational basis for KPC's finding that the petitioner had falsified his application and its decision to terminate the petitioner's employment on that basis (see Matter of Shraeder v. Kern, 287 N.Y. 13, 14, 38 N.E.2d 110).

The petitioner's remaining contentions are without merit.