Mitchell Barandes v New York City Department of Education
Petitioner, Mitchell Barandes, brought about this Article 78 appeal to enjoin the New York City Department of Education from enforcing termination of petitioner, to declare that he had acquired tenure by estoppel, and to order a disciplinary hearing or a name-clearing hearing.
Petitioner’s argument that he had acquired tenure by estoppel was proved false because he had not earned sufficient credits as a substitute teacher to reduce his probationary period. Petitioner’s argument that respondents acted in an arbitrary and capricious manner was also unfounded because he failed to present any evidence to support this allegation. In fact, respondents noted that petitioner had been on notice that his teaching performance was unsatisfactory since December 2007. The decision to terminate petitioner was not in bad faith and was supported by three unsatisfactory observations and an incident of misconduct. Since petitioner was not a tenured employee he is warranted a disciplinary hearing. In regards to the demand for a name-clearing hearing, the materials contained in petitioner’s personnel file are not stigmatizing but instead describe instances of bad judgment or incompetent performance of duties.
Accordingly, the Supreme Court denied petitioner’s motion for an order enjoining respondent from enforcing its determination discontinuing petitioner’s probationary service, denied the petition and dismissed the proceeding.
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