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MATTER OF JUSTE v. KLEIN

No. 116017/08, Motion Seq. No. # 001.

2009 NY Slip Op 31691(U)

In the Matter of the Application of VALERY JUSTE, Petitioner, v. JOEL I. KLEIN, Chancellor of the Department of Education; THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, and THE CITY OF NEW YORK, Respondents, To Vacate a Decision after a Hearing Held Pursuant to Education Law § 3020-a(5) and CPLR 7511.

Supreme Court, New York County.

July 28, 2009.

DECISION

MARILYN SHAFER, Judge.

BACKGROUND

Petitioner moves, pursuant to Education Law § 3020-a (5) and CPLR 7511, to vacate and set aside a hearing officer's decision, based on the hearing officer having exceeded his jurisdiction; having been arbitrary and capricious; and having ordered a penalty that is irrational and shocking to the conscience. Respondents cross-move, pursuant to CPLR 7511, 404 (a) and 3211 (a) (5) and (7), and Education...

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