Pagan v Board of Educ. of the City School Dist. of the City of New York, 56 AD3d 330
The employee, while serving a disciplinary probationary period, was summarily dismissed for violating the terms and conditions of the probationary settlement agreement.
The Appellate Division dismissed former employee’s petition seeking reinstatement.
The court said that the terms of a signed stipulation to which the individual had agreed set out a three-year probationary period that provided as follows:
The individual argued that she only had 8 unexcused absences because three of her absences were in connection with court appearances. The Appellate Division held that Pagan’s unexcused absences for court appearances “did not satisfy the terms of the stipulation for excused absences.”
The full text of the decision is posted on the Internet at: