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IN THE MATTER OF FAHEY v. NEW YORK CITY DEPARTMENT OF EDUCATION

16 A.D.3d 220 (2005)

790 N.Y.S.2d 868

In the Matter of DOUGLAS P. FAHEY, Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Respondent.

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

March 15, 2005.

Respondent's determination to sustain the unsatisfactory performance evaluation was rationally based on administrative findings that petitioner twice corporally punished students during the 2000/2001 academic year (see Matter of Pell v Board of Educ., 34 N.Y.2d 222 [1974]). The findings of corporal punishment were not undermined by the administrative relief that petitioner was accorded...

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