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10 May 2013, 4:00 am
Educator disciplined after posting comments on an Internet social media website Supreme Court granted an educator’s petition to set aside the hearing officer's determination that led to the termination of her employment with the New York City Department of Education following a disciplinary hearing “to the extent of remanding the matter for the imposition of a lesser penalty. [read post]
16 Mar 2022, 5:00 am by Public Employment Law Press
In Sanchez v The Department of Education of the City of New York, 2022 NY Slip Op 00954, the Appellate Division held that Sanchez, the petitioner in this CPLR Article 78 action, was not entitled to the restoration of his tenure upon his return from resignation as he failed to provide 30 days' notice of his resignation. [read post]
16 Mar 2022, 5:00 am by Public Employment Law Press
In Sanchez v The Department of Education of the City of New York, 2022 NY Slip Op 00954, the Appellate Division held that Sanchez, the petitioner in this CPLR Article 78 action, was not entitled to the restoration of his tenure upon his return from resignation as he failed to provide 30 days' notice of his resignation. [read post]
9 Feb 2023, 2:36 pm by Preston Brasch
New York City’s Department of Consumer and Worker Protection has held two hearings to receive public comment on its proposed rules. [read post]
Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First Department The Appellate Division annulled the determination of respondent New York City Department of Education [DOE] sustaining the "unsatisfactory" rating for the 2010-2011 academic year give to John Joyce, a tenured teacher. The court said that the record demonstrates "deficiencies in the performance review process" that resulted in Mr. Joyce being given an unsatisfactory rating for the 2010-2011 academic year. Citing Matter of Gumbs v Board of Educ. of the City Sch. Dist. of the City of N.Y., 125 AD3d 484, and Matter of Richards v Board of Educ. of the City Sch. Dist. of the City of N.Y., 117 AD3d 605, the Appellate Division noted that these deficiencies "were not merely technical, but undermined the integrity and fairness of the process." Mr. Joyce had received a satisfactory rating for the previous academic year and, in contravention of its own procedures, DOE failed to place him on notice that he was in danger of receiving an unsatisfactory rating for the 2010-2011 academic year until after April 28, 2011. Although DOE's procedures required that tenured teachers in danger of receiving an unsatisfactory rating have "formal observations including a pre-observation and post-observation conference by the principal ... as part of a prescriptive plan to improve their teaching," Mr. Joyce received only one formal observation which took place one week before the end of the academic year and was not part of a prescriptive plan to improve his performance as a teacher. The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_03433.htm
30 May 2018, 4:37 am by Public Employment Law Press
Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First DepartmentThe Appellate Division annulled the determination of respondent New York City Department of Education [DOE] sustaining the "unsatisfactory" rating… [read post]
15 Aug 2015, 9:42 pm by Denis Stearns
New York City is experiencing the worst outbreak of Legionnaires’ disease in its history, with more than 100 people diagnosed in the South Bronx. [read post]
7 Apr 2009, 4:15 am
DeGrasse, Supreme Court, New York County, that denied his petition seeking to annul the New York City Board of Education's determination terminating his employment as a New York City schoolteacher. [read post]
7 Apr 2016, 11:49 am by LaJuana Davis
We have not seen the complaint yet, but the New York Times reports that the pro-charter group, Families for Excellent Schools, along with eleven students, have filed a class-action lawsuit against the New York City Department of Education (NYCDOE) claiming that incidents of violence and bullying in public schools deprive... [read post]
16 Dec 2022, 2:00 am by vrose
Professor Ross Sandler, Director of the Center for New York City Law, provided opening remarks. [read post]
27 Jun 2011, 5:58 am
Constructive notice of potential acts of misconduct provided by an Internet postingSalamino v Board of Educ. of the City School Dist. of the City of New York, 2011 NY Slip Op 05408, Appellate Division, First Department In this action, the Appellate Division concluded that a teacher served with disciplinary charges alleging that she had engaged in sexual misconduct with a "student" had constructive notice* that such behavior constituted… [read post]
29 May 2018, 1:15 pm
New York City Comptroller Scott Stringer released an analysis this month estimating that the state would bring in $436 million each year in new tax revenue in pot and that New York City would rake in another $335 million annually. [read post]
19 Jun 2012, 6:00 am
Probationary employee terminated for alleged misuse of sick leave Curcio v New York City Dept. of Education, 55 AD3d 438 The 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. [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]
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… [read post]