McMikle v. The Dep't of Educ. of City of N.Y.
Decision Date | 10 June 2022 |
Docket Number | Index No. 150697/2022,Motion Seq. No. 001 |
Citation | 2022 NY Slip Op 31830 (U) |
Parties | ASHLEY MCMIKLE, Petitioner, v. THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, THE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, TEACHERS RETIREMENT SYSTEM OF THE CITY OF NEW YORK Respondent. |
Court | New York Supreme Court |
DECISION + ORDER ON MOTION
The following e-filed documents, listed by NYSCEF document number (Motion 001) 5, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 37, 38, 39 were read on this motion to/for ARTICLE 78
The petition to reverse respondents' decision denying her Accident Disability Retirement ("ADR") benefits is denied.
Petitioner worked for respondents, first as a substitute teacher starting in 1993 and then as a full-time teacher starting in 1996. She explains that in 2011, she became an "attendance teacher" which required her to travel to students' homes. During one such visit on January 10 2014, petitioner claims that she slipped and fell on black ice. She claims she fell hard on her buttocks and left hand. Petitioner claims that she is now permanently disabled and can no longer perform her duties as an attendance teacher. She contends that she suffers from numerous ailments as a result of this accident and cannot perform the most mundane activities of daily life.
Petitioner applied for ADR benefits in May 2019 and respondents denied her request. Petitioner then commenced an Article 78 proceeding to challenge that decision and the justice assigned to the proceeding remanded the proceeding back to respondents for "reconsideration of the application after a comprehensive orthopedic and or neurologic exam of Petitioner" (NYSCEF Doc. No. 33).
The Medical Board reconsidered petitioner's condition and observed that at the time of the initial assessment, (NYSCEF Doc. No. 30 at 48). The Medical Board detailed the records it reviewed, including reports from petitioner's neurologist (id. at 49). The report observed that the ER physician who treated petitioner on the day of her accident (id.). According to these records, petitioner was in good condition when she was discharged and there were no x-rays, CT scans or MRIs performed (id. at 50).
After conducting another physical examination, the Medical Board concluded that (id. at 55).
(id. at 56).
In an article 78 proceeding, "the issue is whether the action taken had a rational basis and was not arbitrary and capricious" (Ward v City of Long Beach, 20 N.Y.3d 1042, 1043, 962 N.Y.S.2d 587 [2013] [internal quotations and citation omitted]). "An action is arbitrary and capricious when it is taken without sound basis in reason or regard to the facts" (id.). "If the determination has a rational basis, it will be sustained, even if a different result would not be unreasonable" (id.). "Arbitrary action is without sound basis in reason and is generally taken without regard to the facts" (Matter of Pell v Board of Educ. of Union Free Sch. Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d...
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