*1 ================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports.

----------------------------------------------------------------- No. 220 SSM 22

In the Matter of Diane Mendez,

Respondent,

v.

New York City Department of

Education, et al.,

Appellants.

Submitted by Emma Grunberg, for appellants. Respondent, precluded.

* * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, 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]). Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

Decided October 25, 2016