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MATTER OF GABRIEL v. NEW YORK CITY DEPT. OF EDUC.

103209/2008, Mot. Seq. No. 001

2009 NY Slip Op 32249(U)

In the Matter of the Application of ALENA GABRIEL, Petitioner, For an Order Pursuant to Article 75 of the Civil Practice Law and Rules v. NEW YORK CITY DEPARTMENT OF EDUCATION,

Supreme Court, New York County

Motion Date June 23, 2009

DECISION and ORDER

KORNREICH, SHIRLEY WERNER, J.:

Petitioner, Alena Gabriel, moves to vacate or modify an arbitration award dated February 13, 2008, finding that petitioner had committed corporal punishment while teaching in her third grade class, and recommending that petitioner be terminated from her employment with the respondent NYC Department of Education (DOE).

I. Background

This case stems from an April 18, 2005 incident between...

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