Opinion
15189 Index No. 161586/19 Case No. 2021–01357
02-01-2022
In the Matter of Grigoriy ZAGERSON, Petitioner–Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents–Respondents.
Glass Harlow & Hogrogian LLP, New York (Bryan D. Glass of counsel), for appellant. Georgia M. Pestana, Corporation Counsel, New York (Lorenzo Di Silvio of counsel), for respondents.
Glass Harlow & Hogrogian LLP, New York (Bryan D. Glass of counsel), for appellant.
Georgia M. Pestana, Corporation Counsel, New York (Lorenzo Di Silvio of counsel), for respondents.
Kern, J.P., Friedman, Singh, Scarpulla, Rodriguez, JJ.
Judgment, Supreme Court, New York County (Carol R. Edmead, J.), entered October 2, 2020, denying the petition to annul respondents’ determination, dated September 17, 2019, which terminated petitioner's employment, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
Respondents’ determination to terminate petitioner's employment as a paraprofessional for respondent New York City Department of Education had a rational basis in the record and was not arbitrary and capricious (see Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of the Towns of Scarsdale and Mamaroneck, Westchester County, 34 N.Y.2d 222, 231, 356 N.Y.S.2d 833, 313 N.E.2d 321 [1974] ; Matter of Villada v. City of New York, 126 A.D.3d 598, 599, 6 N.Y.S.3d 52 [1st Dept. 2015] ). The serious nature of petitioner's misconduct – kissing three young female students – was substantiated after the Office of the Special Commissioner of Investigation (SCI) conducted an independent investigation, which was followed by a review of SCI's findings and due consideration by the school principal (see Bolt v. New York City Dept. of Educ., 30 N.Y.3d 1065, 1068, 69 N.Y.S.3d 255, 91 N.E.3d 1234 [2018] ; Matter of Aiken v. City of New York, 92 A.D.3d 448, 449, 938 N.Y.S.2d 56 [1st Dept. 2012] ). Supreme Court also correctly ruled that petitioner's due process rights were not violated, since he was provided with information sufficient to mount an adequate defense to SCI's investigative report (see Matter of Berkley v. New York City Dept. of Educ., 159 A.D.3d 525, 526, 74 N.Y.S.3d 1 [1st Dept. 2018] ; Wolfe v. Kelly, 79 A.D.3d 406, 410, 911 N.Y.S.2d 362 [1st Dept. 2010], appeal dismissed 17 N.Y.3d 844, 930 N.Y.S.2d 538, 954 N.E.2d 1163 [2011] ).
We have considered petitioner's remaining contentions and find them unavailing.