Opinion
11979 Index No. 653078/18 Case No. 2019-2797
10-08-2020
In re Andrey DMITRIYEV, Petitioner-Appellant, v. The CITY OF NEW YORK, et al., Respondents-Respondents.
Glass Harlow & Hogrogian LLP, Pearl River (Bryan D. Glass of counsel), for appellant. James E. Johnson, Corporation Counsel, New York (Melanie Tharamangalam West of counsel), for respondents.
Glass Harlow & Hogrogian LLP, Pearl River (Bryan D. Glass of counsel), for appellant.
James E. Johnson, Corporation Counsel, New York (Melanie Tharamangalam West of counsel), for respondents.
Manzanet–Daniels, J.P., Gische, Gesmer, Singh, JJ.
Order and judgment (one paper), Supreme Court, New York County (Eileen A. Rakower, J.), entered March 6, 2019, which denied and dismissed the petition to vacate an arbitration award terminating petitioner's employment with respondent Department of Education, unanimously affirmed, without costs.
The penalty of termination does not shock one's sense of fairness (see e.g. Lackow v. Department of Educ. (or "Board") of City of N.Y., 51 A.D.3d 563, 569, 859 N.Y.S.2d 52 [1st Dept. 2008] ). The record shows that the penalty was warranted given the extreme seriousness of petitioner's offense and his gross indifference to the health, safety and welfare of his students. The Hearing Officer considered the seriousness of the charges, the fact that petitioner was on prior notice that his failure to supervise his students could result in a serious incident, as well as petitioner's lack of prior disciplinary history during his 16–year career with the Department of Education, before issuing his decision.