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

Index No. 101166/13. Appeal No. 13028 Case No. 2020-02990.

191 A.D.3d 431 (2021)

142 N.Y.S.3d 10

2021 NY Slip Op 00627

In the Matter of Ivy H. Lin, Appellant-Respondent, v. New York City Department of Education et al., Respondents-Appellants.

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

Decided February 4, 2021.

Attorney(s) appearing for the Case

Fong S. Lin , Queens, for appellant-respondent.

James E. Johnson , Corporation Counsel, New York ( Nwamaka Ejebe of counsel), for respondents-appellants.

Concur—Kapnick, J.P., Mazzarelli, Moulton, Shulman, JJ.

Petitioner was a probationary teacher at New Utrecht High School (NUHS) during the 2012-2013 school year. In January 2013, while monitoring hallways during an administration of a Regents Exam, petitioner observed a teacher providing unauthorized assistance to a student. Petitioner contends that she immediately reported the incident. Respondents contest this. It is undisputed that petitioner first put her allegations in writing in a letter dated April 19, 2013.

Between...

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