Opinion
Decided June 2, 2011
APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered July 20, 2010. The Appellate Division affirmed an order of the Supreme Court, New York County (Shirley Werner Kornreich, J.), entered in a proceeding pursuant to CPLR article 78, which had denied a petition to expunge certain letters from petitioner's personnel file, and directed entry of judgment dismissing the proceeding with prejudice.
In a proceeding to compel respondents to expunge certain letters from the personnel file of petitioner teacher, the Appellate Division concluded, in part, that petitioner was not entitled to a hearing since article 21 of the relevant collective bargaining agreement set forth a teacher's due process rights to review and challenge entries in her personnel file and that there was no reason to conclude that respondent s failed to follow the procedural requirements imposed by that contract or otherwise acted unlawfully. The Appellate Division found that the challenged acts were not disciplinary or penalty measures related to the filing or disposition of formal charges, such as would entitle petitioner to a hearing under Education Law § 3020-a.
Hazen v Board of Educ. of City School Dist. of City of N.Y., 75 AD3d 471, affirmed.
Wendy Hazen, appellant pro se.
Michael A. Cardozo, Corporation Counsel, New York City ( Julian L. Kalkstein of counsel), for respondents.
Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed, with costs ( see Matter of Hickey v New York City Dept. of Educ. , 17 NY3d — 2011 NY Slip Op 04541 [2011] [decided today]).