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George v. Board of Education of City School District of City of New York

Sup Ct, New York County

March 27, 2013

MANDY GEORGE, Petitioner,
v.
BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, and DENNIS M. WALCOTT, as the Chancellor of the City School District of the City of New York, Respondents. For a Judgment Pursuant to Article 78 of the New York Civil Practice Law and Rules. Index No. 103527/2012

Unpublished Opinion

DECISION /ORDER

KATHRYN E. FREED:

RECITATION, AS REQUIRED BY CPLR §2219(M^'F"f HE PAPERS CONSIDERED IN THE REVIEW OF THIS MOTION.

PAPERS NUMBERED

NOTICE OF PETITION AND AFFIDAVITS ANNEXED.................. ......1-2.........

ORDER TO SHOW CAUSE AND AFFIDAVITS ANNEXED......... .....................

ANSWERING AFFIDAVITS............................................................. .........3..........

REPLYING AFFIDAVITS................................................................. .........4..........

EXHIBITS........................................................................................... ......................

STIPULATIONS................................................................................. ......................

OTHER............... (memos of law)........................................................ .......5, 6...........

UPON THE FOREGOING CITED PAPERS, THIS DECISION/ORDER ON THIS MOTION IS AS FOLLOWS:

Petitioner seeks an Order pursuant to Article 78 of the Civil Practice Law and Rules for an Order nullifying her teaching evaluation rating of Unsatisfactory, as affirmed on administrative appeal, based on the fact that respondents failed to perform a duty enjoined upon them by law and engaged in conduct that was in violation of lawful procedure, was affected by an error of law, was arbitrary, capricious and an abuse of discretion. Petitioner also seeks to have said rating changed to Satisfactory, forthwith.

Respondents oppose. After a review of the papers presented, all relevant statutes and case law, ...


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