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MATTER OF WEINSTEIN v. DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK

19 A.D.3d 165 (2005)

798 N.Y.S.2d 383

In the Matter of KENNETH WEINSTEIN, Respondent-Appellant, v. DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, Appellant-Respondent.

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

June 9, 2005.

Whatever the applicable standard of review in a compulsory arbitration proceeding, there is no rational basis in the evidence adduced for a finding that petitioner, a teacher with a 30-year history of exemplary service in the teaching profession, improperly used physical force against the complainant in violation of the regulations of the now Department of Education.

Even if there were any support for such a finding, under...

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