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10 Jun 2011, 4:01 am
Former employee entitled to a name clearing hearing upon satisfying the “stigma plus” testKnox v New York City Dept. of Educ., 2011 NY Slip Op 04735, Appellate Division, First Department State Supreme Court, New York County rejected the New York City Department of Education’s motion to dismiss the petition filed by Dr. [read post]
18 Dec 2008, 12:15 pm
Evidence of a valid reason for taking disciplinary action against an employee trumps a finding that there was an improper reason for such actionBatyreva v New York City Dept. of Education, 2008 NY Slip Op 09841, Decided on December 16, 2008, Appellate Division, First DepartmentOlga Batyreva alleges that she was assigned to grade a Regents examination and while doing so, observed other teachers improperly grading the exam with No. 2 pencils instead of red pencils or red… [read post]
18 Aug 2011, 2:30 pm
., 2011 NY Slip Op 51533(U)(App. [read post]
3 Mar 2011, 12:42 am
Sophie Davis School of Biomedical Educ., NY Slip Op 01406 (1st Dept. 2011). [read post]
3 Nov 2016, 7:30 am
Probationary employee has the burden of showing his or her termination was unlawfulMendez v New York City Dept. of Educ., 2016 NY Slip Op 06947, Court of AppealsFinding that Diane Mendezdid not establish that the termination of her probationary employment "was for a constitutionally impermissible purpose, violative of a statute, or done in bad faith," the Court of Appeals sustained the New York City Board of Education’s decision to dismiss Mendez… [read post]
7 Jun 2012, 4:00 am
Dept. of Educ., 2012 NY Slip Op 04234, Appellate Division, First Department Supreme Court, New York County denied the CPLR Article 75 petition seeking to vacate an arbitration award which found that the New York City Department of Education had just cause to terminate the employee, Olga Batyreva. [read post]
21 Mar 2012, 4:05 am
Court dismisses lawsuit by applying the Doctrine of Res Judicata Anderson v New York City Dept. of Educ., 2012 NY Slip Op 02056, Appellate Division, First Department A former probationary teacher file an Article 78 petition challenging his termination from his position while still serving as a probationer. [read post]
31 Oct 2011, 4:19 am
Arbitration award addressing a related but different issue does not revive an otherwise untimely cause of actionStembridge v New York City Dept. of Education, 2011 NY Slip Op 07519, Appellate Division, First Department Supreme Court dismissed Everett Stembridge’s petition alleging unlawful discrimination and wrongful termination as untimely, finding that Stembridge’s cause of action had accrued on August 15, 2006, when he was terminated from an Aspiring… [read post]
11 Aug 2022, 5:08 am
Vil. of Brookville, 192 AD3d 693 (NY App Div 2d Dept 3/3/21). [read post]
24 Jun 2022, 9:05 pm
Whitfield-Ortiz v Department of Educ. of the City of N.Y., 116 AD3d 580, 581 [1st Dept 2014]; Askin v Department of Educ. of City of N.Y., 110 AD3d 621, 622 [1st Dept 2013]).THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. [read post]
24 Jun 2022, 9:05 pm
Whitfield-Ortiz v Department of Educ. of the City of N.Y., 116 AD3d 580, 581 [1st Dept 2014]; Askin v Department of Educ. of City of N.Y., 110 AD3d 621, 622 [1st Dept 2013]).THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. [read post]
13 May 2009, 4:00 am
Probationary teacher dismissed for an alleged inappropriate sexual relationship with a studentBlack v New York City Dept. of Educ., 2009 NY Slip Op 03768, decided on May 12, 2009, Appellate Division, First DepartmentThe Chancellor of the New York City Department of Education gave probationary teacher Thomas Black an unsatisfactory rating, terminated his "physical education" license and place his name on the Department's Ineligible/Inquiry… [read post]
21 Sep 2011, 4:28 am
An entity not a party to a collective bargaining agreement negotiated pursuant to the Taylor Law may not be bound by its termsMatter of Council of School Supervisors & Adm'rs, Local 1 v New York City Dept. of Educ., 2011 NY Slip Op 06451, Appellate Division, First Department The Council filed a contract grievance in response to a city-wide plan applicable to all city agencies that reduced the number of parking permits issued to municipal workers for parking on… [read post]
8 May 2010, 10:41 am
In a layoff situation, only the name of an educator having “faithful, competent service” in the position may be placed on a preferred listMatter of Einsohn v New York City Dept. of Educ., 2010 NY Slip Op 03839, decided on May 6, 2010, Appellate Division, First DepartmentMarc Einsohn served as Assistant Principal of Foreign Language at Francis Lewis High School in New York City.Einsohn was served with disciplinary charges pursuant to Education… [read post]
23 Feb 2016, 3:05 pm
” Watkins v Town of North East Zoning Board of Appeals, 2016 WL 515415 (NYAD 2 Dept. 2/10/2016). [read post]
8 Jun 2010, 11:12 am
Distinguishing between “constructive criticism” and a “reprimand” in the nature of disciplinary actionCohn v Board of Educ. of the City School Dist. of the City of New York, 2010 NY Slip Op 04711, Decided on June 3, 2010, Appellate Division, First DepartmentHickey v New York City Dept. of Educ., 2010 NY Slip Op 04712, decided on June 3, 2010, Appellate Division, First DepartmentTypically courts have viewed placing a memorandum in a… [read post]
17 May 2010, 11:58 pm
Dismissed probationer has the burden of showing the termination was for an unlawful or other improper conductJohnson v New York City Dept. of Education, 2010 NY Slip Op 04195, decided on May 11, 2010, Appellate Division, Second DepartmentCiting Matter of Swinton v Safir, 93 NY2d 758, the Appellate Division said “A probationary employee may be discharged without a hearing* and without a statement of reasons in the absence of a demonstration that the termination was in… [read post]
2 Jun 2009, 4:18 am
Processing of an administrative appeal does not toll the running of a statute of limitationsMatter of Yolanda Strong v New York City Dept. of Educ., 2009 NY Slip Op 04114, decided on May 26, 2009, Appellate Division, First DepartmentState Supreme Court, New York County, Leland G. [read post]
28 Oct 2008, 11:15 am
Probationary employee terminated for alleged misuse of sick leaveCurcio v New York City Dept. of Education, 2008 NY Slip Op 08020, decided on October 23, 2008, Appellate Division, First DepartmentThe New York City Department of Education dismissed a probationary physical education teacher, Louis Curcio, from his position and simultaneously reemployed him as a tenured teacher under his common branch license.In response to Curcio's petition seeking… [read post]
27 Oct 2011, 4:43 am
Article 78 action initiated before the arbitration award was promulgated Jenkins v New York City Dept. of Education, 2011 NY Slip Op 07503, Appellate Division, First Department Antonio J. [read post]
