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
Civil Service Discipline
Terminated Probationary teacher seeking back pay in Article 78 must file Notice of Claim in 90 days
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…
Education Law 3020(a) termination decision upheld
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…
Article 78 for terminated employee denied
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…
Can I appeal a decision to terminate by an Administrative Law Judge?
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…
Can employee placed on union paid release time be shielded from discipline?
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…
Permanent Teacher’s termination reversed by NYC Appeals Court
CPLR 7511 appeal successful.
Continue Reading Permanent Teacher’s termination reversed by NYC Appeals Court
NYCTA Employee request for lump sum retirement payout denied
After retiring with an investigation pending a NYCTA employee filed an Article 78 petition alleging that the NYCTA’s decision denying a hearing about his request for a lump sum payout for his time on the books was improper. The court determined that the employee was not entitled to a hearing because he held a non-competitive…
Teacher’s Improper Enrollment of granddaughter does not warrant Termination
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 …
Teacher’s Contract Protest Protected by 1st Amendment Free Speech
East Meadow school district fined Richard Santer $500 after he parked his car at the curb and placed his contract protest sign in the car window on a rainy day. On other days the teachers protesting for a better contract walked on the sidewalk in front of the school. East Meadow School District filed …