A New York City High School teacher resigned in 2008 for personal reasons. He was brought back as a probationary assistant principal. While assistant principal he was charged for two incidents of misconduct. He was given a "U" rating and terminated while on probation. He filed an Article 78 which was denied and his case was dismissed.
The Petitioner alleged racial bias in his termination but Judge Kern ruled that the investigating agencies were not alleged to have been biased in their investigation therefore the bias claim was denied.
Petitioner did not gain tenune be estoppel because he resigned from his teacher position in 2008.
Finally Petitioner was not entitled to discover in this special proceeding because he did not show the need for such.
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