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Vaccaro v. Board of Educ. of City School Dist. of City of New York

Supreme Court of New York, New York County

June 18, 2013

Gaetano VACCARO, Petitioner(s),
v.
BOARD OF EDUCATION OF the CITY SCHOOL DISTRICT OF the CITY OF NEW YORK; and Dennis Walcott, as Chancellor of the Board of Education of the City School District of the City of New York, Respondent(s). No. 104435/12.

Editorial Note:

This decision has been referenced in a table in the New York Supplement.

Richard E. Casagrande New York, for Petitioner.

Michael A. Cardozo, Corporation Counsel of the City of New York New York, for Respondent.

MANUEL J. MENDEZ, J.

Upon a reading of the foregoing cited papers, it is ordered and adjudged that this Article 78 Petition is granted. Respondent's Cross-Motion is denied.

In this Article 78 Proceeding, Petitioner seeks a judgment reversing Respondent's discontinuance of Petitioner's employment and to reinstate him as a tenured teacher.

Petitioner was employed by Respondent as an English as a Second Language teacher from 2003 through 2008. Petitioner received tenure in 2006.

Petitioner resigned on August 28, 2008.

On or about July 9, 2011, Respondent reinstated Petitioner to a teaching position for the 2011-2012 school year.

On or about March 13, 2012, Petitioner submitted to Respondent an Application for Withdrawal of Resignation/Retirement.

This Court was not made aware of an official response by Respondent to Petitioner's Application.

On or about June 11, 2012, Petitioner received an Unsatisfactory rating for the 2011-2012 school year.

By way of a letter dated July 18, 2012, Respondent notified Petitioner of its intention ...


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