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BATYREVA v. N.Y.C. DEPARTMENT OF EDUCATION

Nos. 7828N, 117451/09.

95 A.D.3d 792 (2012)

946 N.Y.S.2d 856

2012 NY Slip Op 4234

OLGA BATYREVA, Appellant, v. N.Y.C. DEPARTMENT OF EDUCATION, Respondent.

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

Decided May 31, 2012.

The award was made in accord with due process, is supported by adequate evidence, is rational and is not arbitrary and capricious (see Lackow v Department of Educ. [or "Board"] of City of N.Y., 51 A.D.3d 563, 567-568 [2008]). Each of the sustained specifications was well supported by both documentary evidence and witness testimony.

Petitioner failed to meet the high burden of showing, by clear and convincing evidence, that...

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