|Matter of Kolmel v City of New York|
|2011 NY Slip Op 07265|
|Decided on October 18, 2011|
|Appellate Division, First Department|
|Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.|
|This opinion is uncorrected and subject to revision before publication in the Official Reports.|
Decided on October 18, 2011
Mazzarelli, J.P., Moskowitz, Acosta, Renwick, DeGrasse, JJ.
City of New York, et al., Respondents-Respondents.
Wolin & Wolin, Jericho (Alan E. Wolin of counsel), for
Michael A. Cardozo, Corporation Counsel, New York (Edward
F. X. Hart of counsel), for respondents.
Order and judgment (one paper), Supreme Court, New York County (Carol R. Edmead, J.), entered June 10, 2010, which, insofar as appealed from as limited by the briefs, denied the petition seeking, inter alia, to annul the determination of respondent Department of Education (DOE) denying petitioner certification of completion of probation and terminating his employment as a probationary teacher, and denying his appeal of an unsatisfactory rating (U-rating) for the 2008-09 school year, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously reversed, on the law, without costs, the petition granted to the extent of annulling the U-rating and the matter remanded to DOE for proper completion of the final review and recommendation.
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.