MATTER OF DOUGLAS v. NEW YORK CITY BOARD/DEPARTMENT OF EDUCATION

5233, 5234, 114745/08

87 A.D.3d 856 (2011)

929 N.Y.S.2d 127

2011 NY Slip Op 6397

In the Matter of KEITH DOUGLAS, Appellant, v. NEW YORK CITY BOARD/DEPARTMENT OF EDUCATION, Respondent.

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

Decided September 1, 2011.


The gravamen of petitioner's argument is that the testimonies of the students were incredible as a matter of law due to inconsistencies the Hearing Officer ignored. Contrary to petitioner's contention, however, the Hearing Officer carefully considered all of the testimony and resolved any inconsistencies in favor of the students, as she was entitled to do (see Lackow v Department of Educ. [or "Board"] of City of N.Y., 51 A.D.3d 563

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