SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
July 7, 1969
IN THE MATTER OF RITA SMITH, RESPONDENT-APPELLANT,
GEORGE F. CHAMBERS, AS PRESIDENT OF NASSAU COMMUNITY COLLEGE, ET AL., APPELLANTS-RESPONDENTS
Brennan, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.
The findings of fact below have not been affirmed. The petition, answer and affidavits submitted demonstrate that the dismissal of this probationary employee by the appointing officer was not arbitrary or capricious, but was in good faith. The issue should not have been submitted to a jury trial for determination (Matter of Voll v. Helbing, 256 App. Div. 44, app. dsmd. 294 N. Y. 653; Matter of Croft v. McGinnis, 24 Misc. 2d 235).
Judgment reversed, on the law, without costs; petition dismissed; and determination confirmed.
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