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Civil Service Discipline

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Petitioner was a teacher of catering who resigned to take a chef’s position. Petitioner returned to a different school and was given a “U” rating and terminated. Petitioner filed an Article 78 petition without filing a grievance claiming that his termination was arbitrary and capricious, an abuse of discretion and violated his right to have…

The New York State Court of Appeals held that a probationary teacher who sues for back pay in an Article 78 would have had to have filed a Notice of Claim within 90 after the claim arose.

The Court affirmed the Appellate Division, Second Department decision in that when back pay was requested a Notice…

After and Education Law 3020-a hearing the Petitioner was terminated from employment with the New York City Department of Education. DOE.  She had been a tenured teacher and was charged with failing to plan and execute lessons after being observed on numerous dates. The Court ruled that the teacher “failed to implement the school administration’s…

This Article 78 cases considered the requirement to file a Notice of Claim within 90 days of being terminated.  The court held that a Notice of Claim must be filed in the case of an employee being terminated.  A hearing officer found that a BOCES employee guilty of miscouct and insubordination and the respondent’s moved…

So I frequently get asked the question:

Are there are options when you are terminated following administrative hearing?

The answer is yes. There is a section in the New York State Civil Practice Law and Rules known as Article 78 which allows you to file a Notice of Petition and Petition in the Supreme Court…

This is the question that was posed in the case of petitioner versus Manhattan and Bronx Surface Transit Operating Authority “MABSTOA”

The Appellate Division First Department decided that it was violative of public policy to allow the union to place an employee who was to be disciplined on union paid release time. The lower court…

 In a case handled by the  Law Office of Glass & Krakower an arbitration award was reversed and  but one portion of the arbitrator’s determination was  affirmed.  The facts underlying this case were:  a Public School Teacher enrolled her granddaughter in a school whose geographical  district the child did not reside in.  The arbitrator …