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December 18, 2023

Terminating a probationary teacher prior to the end of the educator's probationary period

Supreme Court denied a CPLR Article 78 petition submitted by a former teacher [Plaintiff] seeking a court order annulling The Department of Education of the City of New York and The Board of Education of the City School District of the City of New York's [collectively DOE] decision to terminate Plaintiff's probationary employment, and dismissed the proceeding. The Appellate Division unanimously affirmed the Supreme Court's ruling, without costs.*

The Appellate Division opined that Supreme Court had properly denied Plaintiff's petition, "as DOE's decision to terminate [Plaintiff's] probationary employment was not arbitrary and capricious, an abuse of discretion or contrary to law. Citing Matter of DeVito v Department of Educ. of the City of N.Y., 112 AD3d 421, the court explained "DOE was entitled to discontinue [Plaintiff's] service as a probationary teacher 'at any time and for any reason' unless the decision was "for a constitutionally impermissible purpose, violative of a statute, or done in bad faith."**

Noting there was documentary evidence of Plaintiff's unsatisfactory performance while a probationary teacher, the Appellate Division viewed this evidence to have "sufficiently rebutted any allegations of bad faith" and the fact that Plaintiff "received two effective ratings ... underscore that the administrators at his school treated him fairly."

Addressing Plaintiff's "motion to renew," the Appellate Division held that Supreme Court properly denied the motion "as [Plaintiff's] affidavit failed to present any new evidence that could not have been presented in his petition or that would have rendered a different result".

* Plaintiff's subsequent efforts to renew his petition were likewise unsuccessful. 

** See, also, York v McGuire, 63 NY2d 760.

Click HERE to access the Appellate Division's decision posted on the Internet.

 

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NYPPL Blogger 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.
New York Public Personnel Law. Email: publications@nycap.rr.com