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Benjamin v. Brann

Officer's Claim Termination in Bad Faith Insufficient, Petition to Overturn Order Denied

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 were read on this motion to/for ARTICLE 78 (BODY OR OFFICER). DECISION ORDER ON MOTION Upon the foregoing documents, it is ADJUDGED that the petition for relief, pursuant to CPLR Article 78, of petitioner Jason Benjamin (motion sequence number 001) is denied; and it is further ORDERED that the cross motion, pursuant to CPLR 3211, of the respondents Cynthia Brann, as Correction Commissioner of the New York City Department of Correction, the New York City Department of Correction and the City of New York (motion sequence number 001) is granted, and this proceeding is dismissed; and it is further ORDERED that counsel for respondent shall serve a copy of this order, along with Notice of Entry, on all parities within twenty (20) days. In this Article 78 proceeding, petitioner Jason Benjamin (Benjamin) seeks a judgment to overturn the order of the respondent New York City Department of Correction (DOC) that terminated his probationary employment, while the DOC cross-moves to dismiss the petition (together, motion sequence number 001). For the following reasons, the petition is denied, the cross motion is granted and this proceeding is dismissed. FACTS Benjamin was employed as a corrections officer by DOC from January 8, 2018 until his termination on January 6, 2020, during which time he was primarily assigned to the Brooklyn Detention Complex on Rikers Island. See verified petition,

5, 34; notice of cross motion, exhibit 3. Benjamin admits that he was terminated within the two-year probationary period that applied to his job title. Id.,

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