Matter of Levy-Napoli v. City of New York

Appellate Division of the Supreme Court of New York

Matter of Levy-Napoli v. City of New York

2017 NY Slip Op 23, 146 A.D.3d 417, 43 N.Y.S.3d 744

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 3, 2017

Docket2617 650535/15

StatusPublished

This text of 2017 NY Slip Op 23 (Matter of Levy-Napoli v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Levy-Napoli v. City of New York, 2017 NY Slip Op 23, 146 A.D.3d 417, 43 N.Y.S.3d 744 (N.Y. Ct. App. 2017).

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Opinion

*418 Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered June 30, 2015, which, in this proceeding brought pursuant to CPLR article 75, denied the petition to vacate a hearing officer’s award to the extent that it terminated petitioner’s employment as a tenured public school teacher, unanimously affirmed, without costs.

Although petitioner had eight years of “satisfactory” annual performance reviews, the imposition of the penalty of termination does not shock the court’s sense of fairness, given respondent Department of Education’s assistance and provision of numerous opportunities for petitioner to improve her skills, and petitioner’s inability or unwillingness over a three year period to adjust her teaching methods to comply with her supervisors’ appropriate directives (Matter of Webb v City of New York, 140 AD3d 411, 411 [1st Dept 2016]).

Concur — Saxe, J.P., Moskowitz, Gische, Kahn and Gesmer, JJ.

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*418 Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered June 30, 2015, which, in this proceeding brought pursuant to CPLR article 75, denied the petition to vacate a hearing officer’s award to the extent that it terminated petitioner’s employment as a tenured public school teacher, unanimously affirmed, without costs.

Although petitioner had eight years of “satisfactory” annual performance reviews, the imposition of the penalty of termination does not shock the court’s sense of fairness, given respondent Department of Education’s assistance and provision of numerous opportunities for petitioner to improve her skills, and petitioner’s inability or unwillingness over a three year period to adjust her teaching methods to comply with her supervisors’ appropriate directives (Matter of Webb v City of New York, 140 AD3d 411, 411 [1st Dept 2016]).

Concur — Saxe, J.P., Moskowitz, Gische, Kahn and Gesmer, JJ.

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Bluebook (online)

2017 NY Slip Op 23, 146 A.D.3d 417, 43 N.Y.S.3d 744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-levy-napoli-v-city-of-new-york-nyappdiv-2017.

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