Glen Fox Loses His Appeal in the First Department

Glen, a "great" Guidance Counselor, was charged with 3020-a charges, and he chose to hire Attorney Stuart Lichten, the husband of Senior NYSUT Attorney Maria Elena Gonzales Lichten. Lichten is on contract to the CSA, the Principal's Union, and defends UFT President Mike Mulgrew in Court cases where the UFT or NYSUT are named Defendants. Whose side is he on?

Attorney Lichten lost the 3020-a, and Glen was terminated. Glen appealed in an Article 75 to the Supreme Court, and won his case! see here:

Guidance Counselor Glen Fox Wins His Supreme Court Petition To Overturn His Termination By Former DOE Arbitrator Lana Flame, Esq.

The Corporation Counsel Appealed this decision, and the First Department  decided to re-instate Glen's termination after Glen's Attorney, Bryan Glass,
gave oral argument.

Very disappointing.

Betsy Combier, Editor, NYC Rubber Room Reporter
President, ADVOCATZ

Matter of Fox v New York City Dept. of Educ.

2015 NY Slip Op 07792

Decided on October 27, 2015

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 27, 2015 
Tom, J.P., Renwick, Andrias, Moskowitz, Manzanet-Daniels, JJ.

15967 101263/13 

[*1] In re Glen Fox, Petitioner-Respondent, 

v

The New York City Department of Education, Respondent-Appellant.

Zachary W. Carter, Corporation Counsel, New York (Karen M. Griffin of counsel), for appellant.

Glass Krakower LLP, New York (Bryan D. Glass of counsel), for respondent.

Order and judgment (one paper), Supreme Court, New York County (Alice Schlesinger, J.), entered May 9, 2014, to the extent appealed from as limited by the briefs, vacating the penalty of termination of petitioner's employment, and remanding the matter for a determination by a new hearing officer of a lesser penalty, unanimously reversed, on the law, without costs, the petition dismissed, and the penalty reinstated.

Petitioner, a tenured guidance counselor at a New York City school, engaged in a course of conduct over two years demonstrating, inter alia, insubordination, professional unfitness, inability to handle a crisis situation, disclosure of confidential information, and inadequate record keeping. The termination of his employment is not so disproportionate to this pattern of misconduct as to shock our sense of fairness (see Lackow v Department of Educ. [or "Board"] of City of N.Y., 51 AD3d 563, 569 [1st Dept 2008]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 27, 2015

CLERK

Jim Callaghan v UFT: Appellate Division Decision November 5, 2015

Callaghan v United Fedn. of Teachers

2015 NY Slip Op 08049

Decided on November 5, 2015

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 November 5, 2015 
Sweeny, J.P., Acosta, Richter, Manzanet-Daniels, JJ.

16030 109246/11 

[*1] James V. Callaghan, Plaintiff-Appellant, 

v

United Federation of Teachers, et al., Defendants-Respondents.

Law Offices of Stewart Lee Karlin P.C., New York (Stewart Lee Karlin of counsel), for appellant.

Stroock & Stroock & Lavan LLP, New York (Beth A. Norton of counsel), for respondents.

Order, Supreme Court, New York County (Richard F. Braun, J.), entered July 18, 2013, which, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss the third cause of action, for defamation, and the fourth cause of action, for violation of the state constitutional right to free speech, unanimously affirmed, without costs.

Supreme Court properly dismissed the third cause of action, for defamation, because, even to the extent that some of the statements about plaintiff's disciplinary and professional history are assertions of fact, the statements were made by UFT officials in their official capacities, and they cannot be held liable for acts committed in their capacity as union

representatives (see Duane Reade, Inc. v Local 338 Retail, Wholesale, Dept. Store Union, UFCW, AFL-CIO, 17 AD3d 277 [1st Dept 2005], lv denied 5 NY3d 797 [2005]).

The court also properly dismissed the fourth cause of action, alleging a violation of plaintiff's free speech rights. The claim fails as a matter of law since the UFT is a private entity (see SHAD Alliance v Smith Haven Mall, 66 NY2d 496, 502 [1985]; see also Engstrom v Kinney Sys., 241 AD2d 420, 424 [1st Dept 1997], lv denied 91 NY2d 801 [1997]). Courts in this State have consistently held that unions, even those representing public employees, such as the UFT, are not state actors (see Ciambriello v County of Nassau, 292 F3d 307, 323 [2nd Cir 2002]; see also Driskell v New York City, 2011 WL 6812516, *3, 2011 US Dist LEXIS 148294, *9 [ED NY 2011]). Plaintiff's conclusory allegation that the UFT acted in concert with a state actor does not suffice to state a claim against the UFT (see Ciambriello at 324). Nor did plaintiff allege facts that would show that the State "is so entwined with the regulation of the private conduct as to constitute State activity"; that "there is meaningful State participation in the activity"; or that "there has been a delegation of what has traditionally been a State function to a private person" (SHAD Alliance, 66 NY2d at 505).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 5, 2015

CLERK

MS 226 Principal Rushell White Calls Assistant Principal David Possner a "Bad Jew"

David Possner's lawyer is Steve Morelli, one of the Attorneys ADVOCATZ works with in 3020-a cases and Complaints.

It would be my opinion that Rushell White and/or the CSA (David's Union) could have, or should have, quickly transferred David out of MS 226 before the case had to be filed in Federal Court with an Order To Show Cause. Waiting on this and harassing David Possner is not a solution, Principal White.

Betsy Combier, Editor, NYC Rubber Room Reporter
President, ADVOCATZ

Principal Rushell White

School worker files lawsuit alleging principal taunted him as ‘bad Jew’

By Kathianne Boniello

MS 226

A Jewish school administrator claims in a federal lawsuit that he was “tormented” by his principal who considered him “on the wrong side of God.”

David Possner, an assistant principal at MS 226 in South Ozone Park, Queens, claims in the Manhattan suit that colleagues texted him about a work assignment during Yom Kippur.

Because he used his phone to read the text and reply — which goes against Orthodox custom on High Holy Days — they called him a “bad Jew.”

When he alerted Principal Rushell White, a Christian, to the harassment, she allegedly replied, “Maybe you are a bad Jew,” according to court papers.

White also allegedly “callously targeted” Possner, who is demanding a transfer out of the school.

She once ordered him to pick up a half-eaten plum off the floor in view of school custodians, who then teased him and texted that he should “pick up fruit stuck in their butts,” according to court papers.

When a student set off third-floor fire extinguishers during the 2012-13 school year, White accused Possner, although he’d been supervising kids on the first floor, he charges.

White said she had “one Jew too many” in the school, Possner claims.

The Department of Education declined to comment.

************************

More on Principal Rushell White:

Queens school eyed for cheating on state exams

by Ben Chapman, NY Daily News

Rushell White, principal of Junior High School 226, accused of telling teachers to give students test questions and extra time

State officials are investigating a Queens principal accused of ordering teachers to help students cheat on April’s high-stakes English exams, the Daily News has learned.

Principal Rushell White allegedly told teachers at Junior High School 226 to give students the test questions beforehand - and to let them have extra time, according to four teachers interviewed by The News.

“It’s unfair to the students,” said one instructor who asked to remain anonymous because he fears retribution.

The teachers said that White encouraged instructors at the C-rated school to skirt testing protocols in order to boost kids’ exam scores, which are used to decide whether students are promoted to the next grade. Also,if a school does particularly well on the tests, its principal may get a bonus.

Two teachers said that White urged them to share some test questions with sixth graders at a meeting before the exam.

“She told a room full of teachers to give kids the questions ahead of time,” one shocked instructor told The News, adding, “I wouldn’t do it. I wouldn’t cheat.”

But other teachers at the meeting may have taken White’s advice to share questions from the listening portion of the exam ahead of time, the instructor said.

White also extended the amount of time allotted for the exams from 90 minutes to nearly two hours in some classrooms, said two teachers who gave kids the extra time.

 

Principal Rushell White of Junior High School  226 in South Ozone Park, Queens, has been 

accused of pushing teachers to reveal test questions and give students extra time to take crucial 

state exams.

“If you have an extra twenty minutes, you can go over the test to check your answers. It’s easier to do well,” said one of the teachers.

White, who earns $123,834 and has worked in the Department of Education since 1998, didn’t return multiple calls for comment on this story.

State Education officials said they received an anonymous allegation detailing the charges these teachers have made against White, and they are investigating the claims.

“We take all complaints seriously, and we will follow up on the allegations here,” state Education Department spokesman Jonathan Burman said.

The state’s annual math and reading tests have encountered more controversy than usual this year.

Last month, state education officials yanked a question about a talking pineapple from the test because it didn’t make sense.

Other bunk questions and scoring problems are still being discovered in the tests, prompting top city and state education officials to call for improvements next year.

bchapman@nydailynews.com

Rampaging teens caught on camera AGAIN flooding Queens neighborhood 

after school

POSTED 8:15 PM, MAY 16, 2014, BY ASHLEY EDWARDS AND HOWARD THOMPSON

The Huntley Nine

"Truth from SOP says:

Wills is a filandering crook. Him and his girlfriend principal Rushell White spent up that 30 grand he stole.

May 18, 2013, 10:08 am"