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

Index No. 101062/16. Appeal No. 12004. Case No. 2019-2652.

187 A.D.3d 475 (2020)

130 N.Y.S.3d 291

2020 NY Slip Op 05586

In the Matter of Jeny Noralez, Appellant, v. New York City Department of Education, Respondent.

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

Decided October 8, 2020.

The arbitrator's determination that petitioner's teaching performance and judgment were poor during the relevant three-year period has a rational basis in the record and is not arbitrary and capricious (see City School Dist. of the City of N.Y. v McGraham, 17 N.Y.3d 917, 919 [2011]; Matter of Johnson v Board of Educ. of the City Sch. Dist. of the City of N.Y., 171 A.D.3d 548 [1st Dept 2019]). The record includes 10 substantiated...

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