Matter of Yan Ping Xu v. New York City Dept. of Health & Mental Hygiene

Judgment, Supreme Court, New York County (Barbara Jaffe, J.), entered June 13, 2013, insofar as it denied the petition to, among other things, expunge petitioner’s unsatisfactory performance evaluation and reinstate her employment, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously modified, on the law, to the extent of reinstating the petition, minus petitioner’s whistleblower claim, and remanding the matter to respondent agency for further proceedings consistent with this decision, and otherwise affirmed, without costs.

On June 4, 2007, petitioner was hired as a…