In the Matter of Gehlaut, New York State Supreme Court Judge Joan Lobis wrote in her decision to deny the NYC DOE their Motion To Dismiss:
"The petition alleges in pertinent part that the Respondents violated lawful procedures in rating Petitioner's performance as Unsatisfactory and upholding that rating on appeal......In this instance, this Court finds that Petitioner has stated a cause of action because the procedures cited are lawful procedures to which Respondents may be held bound. The language of the relevant provisions are not precatory but rather mandate that Respondents must document an adverse rating, which petitioner plainly alleges was not done in this case. Moreover, to sustain an appeal of an adverse rating the reviewing body must have shown before it all elements of the basis for which to support that rating. Again Petitioner has plainly alleged that essential elements of supporting documents have not been admitted in this case either on appeal or in Petitioner's personnel file.
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