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In the Matter of Andre Lissone, Appellant, v. Dennis M. Walcott et al., Respondents

New York Supreme Court, Appellate Division2015-03-19
126 A.D.3d 5823 N.Y.S.3d 588

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Opinion

majority opinion

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered October 16, 2013, which denied petitioner’s motion to renew, unanimously affirmed, without costs, and the petition dismissed.

The court properly determined that there was no basis to annul respondents’ determination to discontinue petitioner’s probationary employment as an assistant principal. Petitioner failed to show that respondents’ determination, upon reinvestigation and reconsideration, was made in bad faith, in violation of lawful procedure, or for a constitutionally impermissible purpose (see Matter of Kolmel v City of New York, 88 AD3d 527, 528 [1st Dept 2011]; see also Matter of Witherspoon v Horn, 19 AD3d 250, 251 [1st Dept 2005]).

Concur — Mazzarelli, J.P., DeGrasse, Richter and Feinman, JJ.