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ASCH v. NYC BD/DEPT OF EDUC

108528/10

32 Misc.3d 886 (2011)

927 N.Y.S.2d 836

2011 NY Slip Op 21224

In the Matter of CHRISTOPHER ASCH, Petitioner, v. NEW YORK CITY BOARD/DEPARTMENT OF EDUCATION, Respondent.

Supreme Court, New York County.

Decided June 28, 2011.

Attorney(s) appearing for the Case

Christopher Asch , petitioner pro se.

Michael A. Cardozo , Corporation Counsel, New York City, for respondent.

OPINION OF THE COURT

MANUEL J. MENDEZ, J.

It is ordered and adjudged that the petition, seeking to vacate, and set aside the arbitrator's decision pursuant to CPLR 7511, and Education Law § 3020-a (5), is granted. The cross motion made in lieu of an answer, seeking to dismiss the petition pursuant to CPLR 404 (a), 3211 (a) (5) and (7) and 7511 is denied.

Petitioner, an openly gay man, is a tenured school librarian/ media specialist with over...

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