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MATTER OF HICKS v. DEPARTMENT OF EDUC. OF CITY OF NEW YORK

1673, 101065/13.

141 A.D.3d 430 (2016)

33 N.Y.S.3d 897

In the Matter of DEBORAH HICKS, Appellant, v. DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK et al., Respondents.

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

Decided July 7, 2016.

Petitioner failed to show that the U-rating was arbitrary and capricious, or made in bad faith. The evidence demonstrated that the U-rating was based on alleged incidents of misconduct that were substantiated after an investigation conducted by a neutral third party (see Matter of Richards v Board of Educ. of the City Sch. Dist. of the City of N.Y., 117 A.D.3d 605 [1st Dept 2014]; Matter of Murnane v Department of Educ. of the...

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