November 19


The question presented in this Article 78 case:

Would a teacher be able to apply time served on very different license to calculate whether they are beyond probationary status?

In this article 78 case of which sought to annul petitioners probationary termination petitioner claimed the service under a different license would win added to her current service push her past probation. The court ruled that since the original license service was not ruled satisfactory could not be added two the current probationary period.

To read about this probationary teacher termination article 78 appeal click here.

November 16

CPLR Article 75 suit to overturn Arbitartor’s decision in Education Law 3020-a proceeding denied

In this article 75 petition to vacate the determination of an arbitrator FEV which is made pursuant to education law section 3020 – a
The arbitrators’ from that ensued in seven appropriate, with professional, or insubordinate conduct were proven. Accordingly petitioner is civil service law section 75 –b defensive retaliation was unavailing.
Finally the penalty imposed is not so disproportionate to the misconduct has to be shocking to one’s sense of fairness (Pell v Mamaroneck)

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Read more about this teacher discipline case by clicking here.