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Malone v. Board of Education
Citations: 93 A.D.3d 849; 941 N.Y.S.2d 213
Court: Appellate Division of the Supreme Court of the State of New York; March 27, 2012; New York; State Appellate Court
A tenured teacher appealed an order from the Supreme Court, Nassau County, which denied his petition to vacate a hearing officer's determination made under Education Law § 3020-a. The hearing officer found the petitioner guilty of misconduct and insubordination after he continued to distribute leaflets regarding contract negotiations, despite being ordered by the school principal to stop. The charges cited included creating a hazardous condition by approaching moving vehicles and failing to comply with the principal's directive. The court confirmed that the hearing officer's decision was subject to closer scrutiny due to the statutory requirement for arbitration. The standard for reviewing such decisions under CPLR article 75 involves assessing whether the award is supported by evidence and whether it is arbitrary and capricious. The court found that the evidence, including testimonies from the petitioner and principal, sufficiently supported the charges. Ultimately, the court affirmed the hearing officer's decision, concluding that the findings were not arbitrary or capricious, and dismissed the petition with costs. All justices concurred with the decision.