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MATTER OF SANCHEZ v. DEPARTMENT OF EDUC. OF THE CITY OF N.Y.

Index No. 154399/20. Appeal No. 15280. Case No. 2020-04831.

202 A.D.3d 523 (2022)

158 N.Y.S.3d 829

2022 NY Slip Op 00954

In the Matter of German Sanchez, Appellant, v. Department of Education of the City of New York et al., Respondents.

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

Decided February 10, 2022.

Attorney(s) appearing for the Case

Stewart Lee Karlin Law Group, P.C., New York (Stewart Lee Karlin of counsel), for appellant.

Georgia M. Pestana, Corporation Counsel, New York (Lorenzo Di Silvio of counsel), for respondents.

Concur—Gische, J.P., Kern, Moulton, Kennedy, Rodriguez, JJ.

The determination that petitioner was not entitled to restoration of his tenure on the ground that he failed to provide 30 days' notice of his resignation was not arbitrary and capricious (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 231 [1974]). "[J]udicial deference to an agency's interpretation of its own regulations is a basic tenet...

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