Polito v. New York City Department of Education

Order and judgment (one paper), Supreme Court, New York County (Carol E. Huff, J), entered January 12, 2012, which, to the extent appealed from as limited by the briefs, denied the petition seeking to annul an arbitration award, and granted respondent’s cross motion to dismiss the proceeding brought pursuant to Education Law § 3020-a and CPLR article 75, unanimously modified, on the law and the facts, to reduce the fine to $2,500, and otherwise affirmed, without costs.

Deference is given to the Hearing Officer’s decision to credit the testimony of the special education student, who was the…