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MATTER OF BRENNAN v. CITY OF NEW YORK

13810, 104122/12

123 A.D.3d 607 (2014)

999 N.Y.S.2d 62

2014 NY Slip Op 08905

In the Matter of PHILOMENA BRENNAN, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided December 23, 2014.

Petitioner's termination from her position as a probationary teacher was not arbitrary and capricious or contrary to law. As a probationary teacher, petitioner was not entitled to a pre-termination hearing pursuant to Education Law § 3020-a (see Matter of Che Lin Tsao v Kelly, 28 A.D.3d 320, 321 [1st Dept 2006]). Although petitioner was previously a tenured employee, she resigned...

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