October 07, 2020

Employee terminated from employment after progressive disciplinary action taken by the appointing authority

Supreme Court denied the petition filed by the employee [Educator] pursuant to CPLR Article 75 seeking to vacate an arbitration award that, after a hearing pursuant to Education Law §3020-a, found the Educator guilty of the disciplinary charges filed against him and imposed the penalty of dismissal from employment.

Educator appealed but the Appellate Division unanimously affirmed the lower court's ruling.

Citing Cipollaro v New York City Dept. of Educ., 83 AD3d 543, the Appellate Division opined that "[t]]he penalty of termination of [Educator's] employment as a public school teacher does not shock one's sense of fairness."

The court explained that the record shows that Educator failed to instruct students during class time, instead using the time to perform personal tasks on Educator's own laptop computer, noting that the record showed that Educator "had previously been placed on notice that such conduct was not permitted, and prior disciplinary action had failed to remedy [Educator's] misconduct."

The decision is posted on the Internet at http://www.nycourts.gov/reporter/3dseries/2020/2020_05474.htm

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