IN RE: Edmond IANNUZZI

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Supreme Court, Appellate Division, Second Department, New York.

IN RE: Edmond IANNUZZI, appellant, v. TOWN OF BROOKHAVEN, respondent.

Decided: February 22, 1999

SONDRA MILLER, J.P., DAVID S. RITTER, GLORIA GOLDSTEIN and DANIEL F. LUCIANO, JJ. Vitale and Levitt, P.C., Huntington, N.Y. (Paul E. Levitt of counsel), for appellant. Cooper, Sapir & Cohen, P.C., Melville, N.Y. (David M. Cohen of counsel), for respondent.

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Town of Brookhaven, dated November 1, 1996, terminating the petitioner's employment as a probationary Laborer in the Department of Waste Management, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Underwood, J.), entered October 1, 1997, which denied the petition and dismissed the proceeding.

ORDERED that the judgment is affirmed, with costs.

 A probationary employee may be terminated without a hearing and without a statement of reasons in the absence of a showing that the termination was for a constitutionally impermissible purpose, in bad faith, or in violation of statutory or decisional law (see, Matter of Bass v. New York City Tr. Auth., 236 A.D.2d 536, 654 N.Y.S.2d 617).   The petitioner failed to make such a showing.

 In addition, contrary to the petitioner's assertion, the respondent's determination to discharge the petitioner was based upon his unsatisfactory performance and was not arbitrary and capricious, but had a rational basis and was carried out in good faith.   The petitioner failed to meet his burden of presenting legal and competent evidence to show a deprivation of his rights, bad faith, or other arbitrary action constituting an abuse of discretion on the part of the respondent (see, Matter of Abbondandolo v. Edwards, 174 A.D.2d 737, 571 N.Y.S.2d 955).   Accordingly, the Supreme Court properly dismissed this proceeding.

MEMORANDUM BY THE COURT.

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