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MATTER OF BYNOE v. CITY OF NEW YORK

281 A.D.2d 340 (2001)

722 N.Y.S.2d 517

In the Matter of CLINT BYNOE, Appellant, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 27, 2001.

Petitioner's evidence that over the course of his year-and-a half provisional employment he received only one performance evaluation six months after his appointment, which was favorable, does not satisfy his burden of showing that his termination was in bad faith or arbitrary and capricious (see, Matter of Romero v Joseph, 169 A.D.2d 544). There is evidence of petitioner's substandard performance as well (see, Matter of Atkinson...

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