Can a probationary appointee be dismissed at the end of their probation period?

The law is well settled that a probationary appointee may be dismissed at the end of the probation period without a hearing (Voll v. Helbing, 256 App.Div. 44, 9 N.Y.S.2d 376; appeal dismissed 294 N.Y. 653, 60 N.E.2d 384). However, the determination to discontinue must not be arbitrary and capricious, and, if the probationer, by petition or proof, raises a substantial issue of fact [24 Misc.2d 237] as to whether the determination was made in good faith, he is entitled to a trial by jury on this issue.

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