Matter of Hicks v. Department of Educ. of the City of New York

Judgment, Supreme Court, New York County (Peter H. Moulton, J.), entered April 14, 2015, denying the petition to annul respondent Department of Education’s determination, which upheld petitioner’s unsatisfactory annual performance review rating (U-rating) for the 2010-2011 school year, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner failed to show that the U-rating was arbitrary and capricious, or made in bad faith. The evidence demonstrated that the U-rating was based on alleged incidents of misconduct that were substantiated…