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MATTER OF DAMESEK v. CITY OF NEW YORK

9153, 101230/16.

171 A.D.3d 677 (2019)

97 N.Y.S.3d 470

2019 NY Slip Op 03301

In the Matter of Randi Damesek, Appellant, v. City of New York et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 30, 2019.

Petitioner has failed to show that the U-rating was arbitrary and capricious, or made in bad faith (see Matter of Murnane v Department of Educ. of the City of N.Y., 82 A.D.3d 576 [1st Dept 2011]). The record establishes a rational basis for the determination to uphold petitioner's U-rating, which was based on insubordination and unprofessional conduct during the 2012-2013 school year. A February 2013 letter to petitioner's personnel...

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