| Matter of Mendez v New York City Dept. of Educ. |
| 2016 NY Slip Op 06947 [28 NY3d 993] |
| October 25, 2016 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| As corrected through Wednesday, December 7, 2016 |
| In the Matter of Diane Mendez, Respondent, v New York City Department of Education et al., Appellants. |
Decided October 25, 2016
Matter of Mendez v New York City Dept. of Educ., 132 AD3d 533, reversed.
Zachary W. Carter, Corporation Counsel, New York City (Emma Grunberg, Richard Dearing and Fay Ng of counsel), for appellants.
Respondent precluded.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from annulling the determination to terminate petitioner's probationary employment, reversed, without costs, so much of the petition as sought to annul that determination dismissed, and certified question answered in the negative. Petitioner did not establish that the termination of her probationary employment "was for a constitutionally impermissible purpose, violative of a statute, or done in bad faith" (Matter of Frasier v Board of Educ. of City School Dist. of City of N.Y., 71 NY2d 763, 765 [1988]).
Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.