Search for: "City School Dist. of the City of New York v McGraham"
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17 Feb 2013, 4:23 pm
"That reasonable minds might disagree over what the proper penalty should have been does not provide a basis for vacating the arbitral award or refashioning the penalty" (City School Dist. of the City of N.Y. v McGraham, 17 NY3d 917, 920 [2011]). [read post]
22 Nov 2011, 6:02 am
The public policy exception considered by the courts reviewing an arbitrator’s award not absolute and the issues being decided or the relief granted must be consideredCity School Dist. of the City of New York v McGraham, 2011 NY Slip Op 08228, Court of Appeals A tenured high school teacher was served with disciplinary charges pursuant to Education Law §3020-a alleging she engaged in improper conduct with a… [read post]
10 Jun 2022, 9:34 pm
The standard of review mandated by Education Law § 3020-a(5)(a) is that of CPLR article 75, which provides that an arbitration award may be vacated only on a showing of misconduct, bias, excess of power, or procedural defects (see Matter of Berkley v New York City Dept. of Educ., 159 AD3d 525; City School Dist. of the City of N.Y. v McGraham, 75 AD3d 445, affd 17 NY3d 917). [read post]
10 Jun 2022, 9:34 pm
The standard of review mandated by Education Law § 3020-a(5)(a) is that of CPLR article 75, which provides that an arbitration award may be vacated only on a showing of misconduct, bias, excess of power, or procedural defects (see Matter of Berkley v New York City Dept. of Educ., 159 AD3d 525; City School Dist. of the City of N.Y. v McGraham, 75 AD3d 445, affd 17 NY3d 917). [read post]
22 May 2012, 4:45 am
” Citing Matter of Pell v Board of Educ. of Union Free School Dist. [read post]
5 Apr 2016, 5:21 am
”As the court held in City School District of New York v McGraham, 17 NY3d 917, such “additional layer of judicial scrutiny” involves the court finding that the award has “evidentiary support” and “neither being arbitrary nor capricious. [read post]
10 Apr 2012, 3:06 am
Of Union Free School Dist. [read post]
28 Jan 2019, 4:00 am
"The appointing authority adopted the hearing officer's findings and recommendation and terminated Thomas' employment, whereupon Thomas filed a petition pursuant Article 78 of the CPLR seeking a judicial review of the Town's action.The Appellate Division dismissed Thomas' appeal, explaining that any credibility issues were resolved by the hearing officer (see Matter of Reed v Raynor, 151 AD3d 730), and substantial evidence in the record supported the determination… [read post]
28 Jan 2019, 4:00 am
"The appointing authority adopted the hearing officer's findings and recommendation and terminated Thomas' employment, whereupon Thomas filed a petition pursuant Article 78 of the CPLR seeking a judicial review of the Town's action.The Appellate Division dismissed Thomas' appeal, explaining that any credibility issues were resolved by the hearing officer (see Matter of Reed v Raynor, 151 AD3d 730), and substantial evidence in the record supported the determination… [read post]
21 Mar 2014, 4:38 pm
Indeed, lesser penalties have been imposed where a teacher had an ongoing relationship or engaged in inappropriate behavior with a student (compare City School Dist. of the City of N.Y. v McGraham, 75 AD3d 445 [1st Dept 2010] [penalty of 90-day suspension without pay and reassignment rather than termination reinstated in light of overall circumstances demonstrating the improbability of teacher engaging in similar inappropriate behavior in the… [read post]
15 Jul 2010, 12:00 am
OF CITY OF NEW YORK v. [read post]
1 Aug 2012, 4:00 am
Dist. [read post]
