Gumbs v. Bd. of Educ. of the City Sch. Dist. of N.Y.
| Decision Date | 17 February 2015 |
| Citation | 125 A.D.3d 484,4 N.Y.S.3d 169,2015 N.Y. Slip Op. 01384 |
| Parties | In re Darlene GUMBS, Petitioner–Appellant, v. BOARD OF EDUCATION OF the CITY SCHOOL DISTRICT OF the CITY OF NEW YORK, et al., Respondents–Respondents. |
| Court | New York Supreme Court — Appellate Division |
125 A.D.3d 484
4 N.Y.S.3d 169
2015 N.Y. Slip Op. 01384
In re Darlene GUMBS, Petitioner–Appellant
v.
BOARD OF EDUCATION OF the CITY SCHOOL DISTRICT OF the CITY OF NEW YORK, et al., Respondents–Respondents.
Supreme Court, Appellate Division, First Department, New York.
Feb. 17, 2015.
Office of Richard E. Casagrande, New York (Lori M. Smith of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Emma Grunberg of counsel), for respondents.
GONZALEZ, P.J., ACOSTA, SAXE, MANZANET–DANIELS, CLARK, JJ.
Opinion
Judgment, Supreme Court, New York County (Alexander W. Hunter, Jr., J.), entered June 13, 2013, denying the petition to annul petitioner's unsatisfactory rating for the 2011–2012 school year and discontinuance of her probationary employment as a guidance counselor, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously reversed, on the law, without costs, the petition granted, the unsatisfactory rating and discontinuance of employment annulled, and the matter remanded to respondents for further proceedings.
The record demonstrates deficiencies in the performance review process resulting in petitioner's unsatisfactory rating (U–rating) for the 2011–2012 school year that were not merely technical, but undermined the integrity and fairness of the process (see Matter of Kolmel v. City of New York, 88 A.D.3d 527, 529, 930 N.Y.S.2d 573 [1st Dept.2011] ; Matter of Brown v. City of New York, 111 A.D.3d 426, 974 N.Y.S.2d 391 [1st Dept.2013] ). Petitioner had received a satisfactory rating for the 2010–2011 school year. She did not receive the disciplinary letters underlying the U–rating for the 2011–2012 school year until June 20, 2012, at the end of the school year. Moreover, her receipt of the letters was contemporaneous with the issuance of the U–rating and recommendation of discontinuance. Thus,...
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