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MATTER OF FRANCOIS v. DEPARTMENT OF EDUC. OF THE CITY OF N.Y.

Index No. 157477/18. Appeal Nos. 12646, 12646A. Case No. 2020-02294.

189 A.D.3d 537 (2020)

138 N.Y.S.3d 25

2020 NY Slip Op 07494

In the Matter of Eugenie Francois, 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 December 15, 2020.

Attorney(s) appearing for the Case

Glass Harlow & Hogrogian LLP, Pearl River ( Bryan D. Glass of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Diana Lawless of counsel), for respondents.

Concur—Kapnick, J.P., Mazzarelli, Singh, Kennedy, JJ.

DOE's overall rating of petitioner as ineffective had a rational basis in the record (see generally Matter of Brown v Board of Educ. of the City Sch. Dist. of the City of N.Y., 156 A.D.3d 451, 451-452 [1st Dept 2017]). Petitioner failed to demonstrate that the determination was made in bad faith or in violation of a lawful procedure or a substantial right (id. at 452).

DOE's observations of petitioner on three separate...

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