2016 NY Slip Op 05051
IN RE ANNE VAN RABENSWAAY,
Petitioner-Appellant,
v.
CITY OF NEW YORK; ET AL.,
RespondentsRespondents.
1571, 101036/14.
Decided June 23, 2016.
Appellate Division of the Supreme Court of New York, First Department.
Glass Krakower LLP, New York (John Hogrogian of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Jeremy W. Shweder of counsel), for respondents.
Before: Tom, J.P., Friedman, Richter, Kapnick, Gesmer, JJ.
Judgment, Supreme Court, New York County (Carol E. Huff, J.), entered on or about
April 21, 2015, denying the petition to annul respondents' determination, which upheld petitioner's
unsatisfactory rating (Urating) for the 20122013 school year, and
dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without
costs.
Petitioner has failed to show that the Urating was arbitrary and capricious, or made in bad faith.
The evidence that petitioner
failed to timely complete individualized education plans (IEPs) for at least five of her students, despite repeated warnings and offers of assistance from the
IEP coordinator, provided a rational basis for the rating (see e.g. Matter of Murname v Department
of Educ. of the City of N.Y., 82 AD3d 576 [1st Dept 2011]; Batyreva v New York City Dept. of Educ., 50 AD3d 283 [1st Dept 2008]).
Petitioner's various excuses, even if valid, would not warrant a finding that the Urating was arbitrary and capricious under the
circumstances. To accept them would amount
to second guessing the determination that her repeated failure to timely
complete the IEPs
reflected a pedagogical deficiency that merited the Urating (see Maas v Cornell Univ.,
94 NY2d 87, 92
[1999]).
Furthermore, petitioner has failed to demonstrate the existence of any issue of fact that could
show, even if resolved in her favor,
arbitrary and capricious action under the circumstances.
Thus, there was no need for the court to have conducted a hearing (see
CPLR 7804[h]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
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