- In a proceeding pursuant to CPLR Article 78 to review a determination of the New York City Department of Education [DOE] made in 2006 discontinuing the Educator's probationary service as an assistant principal,
- the Educator appeals, as limited by her brief, from so much of an order and judgment (one paper) of the Supreme Court, Kings County dated August 2, 2011,
- as granted the motion of the DOE, in effect, pursuant to CPLR 5015(a)(1), (a) 3. to vacate an order of the same court dated January 14, 2010,
- entered upon DOE’s failure to appear on the return date,
- denying DOE’s motion to vacate an order of the same court, dated May 30, 2006,
- also entered upon DOE’s failure to appear on the return date, granting the petition and, in effect,
- denying that branch of DOE’s motion which was to dismiss the petition pursuant to CPLR 3211(a)(7), and (b) to vacate the order dated May 30, 2006,
- thereupon granted that branch of DOE’s motion which was to dismiss the petition pursuant to CPLR 3211(a)(7), and, in effect,
- dismissed the proceeding brought by Educator
Monday, July 15, 2013
Employer’s termination of probationary employee overturned after its repeated failure to appear before the court
Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:
The Discipline Book at http://thedisciplinebook.blogspot.com/
A Reasonable Penalty Under The Circumstances at http://nypplarchives.blogspot.com
The Disability Benefits E-book: at http://section207.blogspot.com/
Layoff, Preferred Lists at http://nylayoff.blogspot.com/
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