Join the GOOGLE +Rubber Room Community

Monday, December 13, 2010

Attorneys Joy Hochstadt and Nick Penkovsky Get A Reprimand In Federal Court

Attorneys Nick Penkovsky and Joy Hochstadt, a terminated teacher who worked with Ed Fagan, are sanctioned in Federal District Court for frivolous claims in a suit brought by former rubber roomers, but this will not stop the filing of federal claims by those who were denied their rights to a fair and speedy trial. 

Here are the cases: Southern District Federal Court Magistrate Judge decided to recommend sanctions for both of them in the matter Twana Adams v New York City Board of Education. Now the fines will be up to Federal Judge Victor Marrero to decide.

'Rubber' cluck fines
By BRUCE GOLDING, NY POST, Decemmber 11, 2010

Two lawyers who challenged the Board of Ed's policy of banishing suspended teachers to "rubber rooms" face $28,000 in fines over their "frivolous" charges.

Lawyer Joy Hochstadt violated court rules by claiming race discrimination under the 13th Amendment -- which abolished slavery -- after being warned she had no legal right to do so, Manhattan federal Magistrate Judge Andrew Peck ruled.

Co-counsel Nicholas Penkovsky, meanwhile, was slapped for pressing "previously dismissed hostile work environment claims without setting forth new facts."

Peck recommended that Judge Victor Marrero -- who dismissed the suit last month -- sanction Penkovsky $7,000.

Peck also recommended a whopping $21,000 in fines for Hochstadt's misconduct, noting that her race charge was only one of "numerous causes of action without any basis in law [or] fact."

Penkovsky said yesterday that he didn't have time to discuss the ruling.

Hochstadt didn't return a request for comment.