Higgins v. La Paglia

In Higgins v. La Paglia, 281 AD2d 679, 722 N.Y.S.2d 592 (3rd Dept., 2001), a probationary correction officer with a probationary term as being a minimum of eight weeks and a maximum of fifty-two weeks was terminated. The lower court held that no hearing was necessary since the record contained evidence of unsatisfactory job performance which alone may have provided a rational basis for termination. The Appellate Division, Third Department reversed, holding that the petitioner was entitled to a hearing due to the facts in the record.