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3 Jan 2024, 6:00 am by Public Employment Law Press
Further, observed the Appellate Division, "plaintiffs in retaliation cases are held to a lenient pleading standard and are generally afforded deference at the pleading stage, citing Thomas v Mintz, 182 AD3d 490 and Petit v Department of Educ. of the City of N.Y., 177 AD3d 402. [read post]
3 Jan 2024, 6:00 am by Public Employment Law Press
Further, observed the Appellate Division, "plaintiffs in retaliation cases are held to a lenient pleading standard and are generally afforded deference at the pleading stage, citing Thomas v Mintz, 182 AD3d 490 and Petit v Department of Educ. of the City of N.Y., 177 AD3d 402. [read post]
18 Dec 2023, 6:00 am by Public Employment Law Press
Supreme Court denied a CPLR Article 78 petition submitted by a former teacher [Plaintiff] seeking a court order annulling The Department of Education of the City of New York and The Board of Education of the City School District of the City of New York's [collectively DOE] decision to terminate Plaintiff's probationary employment, and dismissed the proceeding. [read post]
18 Dec 2023, 6:00 am by Public Employment Law Press
Supreme Court denied a CPLR Article 78 petition submitted by a former teacher [Plaintiff] seeking a court order annulling The Department of Education of the City of New York and The Board of Education of the City School District of the City of New York's [collectively DOE] decision to terminate Plaintiff's probationary employment, and dismissed the proceeding. [read post]
6 Oct 2023, 6:00 am by Public Employment Law Press
The Appellate Division sustained Supreme Court's decision rejecting Plaintiff's petition seeking a court order annulling the determination of the City of New York Reasonable Accommodation Appeals Panel [Citywide Panel] denying Plaintiff's request for a religious exemption from the COVID-19 vaccination requirement for employees of the New York City Department of Education [DOE]. [read post]
6 Oct 2023, 6:00 am by Public Employment Law Press
The Appellate Division sustained Supreme Court's decision rejecting Plaintiff's petition seeking a court order annulling the determination of the City of New York Reasonable Accommodation Appeals Panel [Citywide Panel] denying Plaintiff's request for a religious exemption from the COVID-19 vaccination requirement for employees of the New York City Department of Education [DOE]. [read post]
18 Jul 2023, 6:00 am by Public Employment Law Press
Tenure by Estoppel "The Legislature designed the tenure system 'to foster academic freedom in our schools and to protect competent teachers from the abuses they might be subjected to if they could be dismissed at the whim of their supervisors'" (Matter of Berrios v Board of Educ. of Yonkers City School Dist., 87 AD3d 329, 331, quoting Ricca v Board of Educ. of City School Dist. of City of N.Y., 47 NY2d 385,… [read post]
18 Jul 2023, 6:00 am by Public Employment Law Press
Tenure by Estoppel "The Legislature designed the tenure system 'to foster academic freedom in our schools and to protect competent teachers from the abuses they might be subjected to if they could be dismissed at the whim of their supervisors'" (Matter of Berrios v Board of Educ. of Yonkers City School Dist., 87 AD3d 329, 331, quoting Ricca v Board of Educ. of City School Dist. of City of N.Y., 47 NY2d 385,… [read post]
24 Jun 2022, 9:05 pm by Public Employment Law Press
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 by Public Employment Law Press
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]
10 Jun 2022, 9:34 pm by Public Employment Law Press
Meadow Union Free School Dist., 89 AD3d 1030; Matter of Hegarty v Board of Educ. of City of N.Y., 5 AD3d 771). [read post]
10 Jun 2022, 9:34 pm by Public Employment Law Press
Meadow Union Free School Dist., 89 AD3d 1030; Matter of Hegarty v Board of Educ. of City of N.Y., 5 AD3d 771). [read post]
21 Apr 2022, 8:00 am by Public Employment Law Press
Supreme Court rejected Plaintiff's the petition to annul the determination of New York City Department of Education [DOE] which discontinued the Plaintiff's probationary employment as an assistant principal, and dismissing the proceeding brought pursuant to CPLR Article 78. [read post]
21 Apr 2022, 8:00 am by Public Employment Law Press
Supreme Court rejected Plaintiff's the petition to annul the determination of New York City Department of Education [DOE] which discontinued the Plaintiff's probationary employment as an assistant principal, and dismissing the proceeding brought pursuant to CPLR Article 78. [read post]
7 Dec 2021, 7:30 am by Public Employment Law Press
Under these circumstances, opined the Appellate Division, Plaintiff substantially prevailed within the meaning of Public Officers Law §89(4)(c), citing Matter of Madeiros v New York State Educ. [read post]
7 Dec 2021, 7:30 am by Public Employment Law Press
Under these circumstances, opined the Appellate Division, Plaintiff substantially prevailed within the meaning of Public Officers Law §89(4)(c), citing Matter of Madeiros v New York State Educ. [read post]