Opinion
Motion No: M-744
04-17-2018
In re Gennadiy Dikovskiy, Petitioner-Respondent, v. New York City Board of Education doing business as New York City Department of Education, et al., Respondents-Appellants.
Respondents-appellants having moved for reargument of the decision and order of this Court, entered on January 11, 2018 (Appeal No. 5433),Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. All concur except Richter, J., who dissents as follows:
RICHTER, J. (dissenting) I respectfully dissent and would grant respondents' motion for reargument (see Matter of Bolt v New York City Dept. of Educ., 30 NY3d 1065 [2018]), and upon reargument, reinstate the arbitral award and dismiss the petition. A reviewing court can vacate a hearing officer's decision if it lacks "evidentiary support" or is "arbitrary and capricious" (City School Dist. of the City of N.Y. v McGraham, 17 NY3d 917, 919 [2011] [citation omitted]). Applying this limited standard of review, I believe that the hearing officer's determination has evidentiary support, and the record provides no reason to vacate the determination or the penalty (Matter of Bolt, 30 NY3d at 1068).
ENTERED: April 17, 2018
_____________________ CLERK
PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Sallie Manzanet-Daniels Marcy L. Kahn Cynthia S. Kern, Justices
M-744
Index No. 652135/15