200 Misc. 649 | N.Y. Sup. Ct. | 1951
It is quite apparent that petitioner’s dismissal
at the end of his probationary period was mainly, if not solely predicated upon the incident at the staff meeting in August, 1950. The probationary term, provided for by section 9 of the Civil Service Law and subdivision 3 of section VIII of Rule V of the Rules of the Municipal Civil Service Commission of the City of New York, is to allow the head of a department to ascertain the fitness of the probationer and to learn if he will be satisfactory in the position for which he was appointed. Until a candidate receives a permanent appointment, the appointing power need not afford the candidate a hearing* upon charges before dispensing with his services at the end of the probationary period. (People ex rel. Zieger v. Whitehead, 94 Misc. 360;