ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

October 19, 2012

Prima facie showing that bad faith underlies the basis for termination sufficient to defeat the employer’s motion to dismiss the action


Prima facie showing that bad faith underlies the basis for termination sufficient to defeat the employer’s motion to dismiss the action

Supreme Court vacated the board of education’s determination terminating a school teacher and remanded the matter for a “new investigation and hearing under the auspices of a different investigator nunc pro tunc* and sub silentio".**Supreme Court also denied the board’s motion to dismiss its former employee’s petition.

The Appellate Division vacated the lower court ruling in part, directing the employer to serve an answer within 20 days of service it being served with a copy of its ruling.

The Appellate Division explained that the former employee “has sufficiently alleged that the investigator from the board’s Office of Special Investigations acted in bad faith in making the determination that formed the basis for [the board's] terminating [the former employee]” and the board’s motion to dismiss its former employee's petition was properly denied. 

However, said the court, “the motion court erred in determining the merits of the proceeding without affording [the school board] an opportunity to serve an answer upon the denial of its motion to dismiss,” citing Samuel v Ortiz, 105 AD2d 624.

* Latin for “to make a new decision which, presumably, would be applied “retroactive.”

** Latin for “without notice (of the earllier record) being taken.”

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2012/2012_06882.htm

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.