Legal Opinion
Asch v. New York City Board/Department of Education
New York Supreme Court
Decided June 28, 2011PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Manuel J. Mendez, J.
It is ordered and adjudged that the petition, seeking to vacate, and set aside the arbitrator’s decision pursuant to CPLR 7511, and Education Law § 3020-a (5), is granted. The cross motion made in lieu of an answer, seeking to dismiss the petition pursuant to CPLR 404 (a), 3211 (a) (5) and (7) and 7511 is denied.
Petitioner, an openly gay man, is a tenured school librarian/ media specialist with over 20 years of service. He had an unblemished record throughout his career until charges were filed against him in 2008 for the events that were alleged to…
2Cases cited16 opinions
- In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
- United Federation of Teachers, Local 2 v. Board of EducationNew York Court of Appeals · 2003
- Lackow v. Department of EducationAppellate Division of the Supreme Court of the State of New York · 2008
- Harris v. Mechanicville Central School DistrictNew York Court of Appeals · 1978
- Hegarty v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2004
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3Cited by2 opinions
- Asch v. New York City Board/Department of EducationAppellate Division of the Supreme Court of the State of New York · 2013
- Asch v. New York City Board/Department of EducationAppellate Division of the Supreme Court of the State of New York · 2013