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

2014-09205, Index No. 18915/13.

142 A.D.3d 618 (2016)

37 N.Y.S.3d 138

In the Matter of ANDREA MULLER, Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents.

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

Decided August 17, 2016.

Ordered that the judgment is affirmed, with costs.

The petitioner was hired by the respondent New York City Department of Education (hereinafter the DOE) as an elementary school teacher for a three-year probationary period commencing in August 2008 and assigned to PS 219 in Queens. Following the 2009-2010 school year, PS 219 was forced to excess several teachers, and due to her lack of seniority, the petitioner was excessed from her position at PS 219. She then obtained...

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