17 DO NOT POST. Check one: a FINAL DISPOSITION 0 Check if appropriate: SUPREME COURT OF THE STATE OF NEW YORK - NEW YORK COUNTY PART PRESENT:

Transcription

1 ANNED ON 00 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PART PRESENT: Justice / I Check one: a FINAL DISPOSITION 0 Check if appropriate: DO NOT POST

2 UPREME COIET OF THE STATE OF NEW YORK OUNl Y OF NEW YORK : CIVIL PART 0 n The Matter of the Application of DAM MILLER Petitioner, against IUW YORK CITY DEPARTMENT OF EDUCATION, TOEL I. KLElN I as Chancellor of the NEW YORK CITY IEPARTMENT OF EDUCATION, PRINClPAL OF NEST+m ;CHOOL OF THE NEW YORK CITY IEPARTMENT OF EDUCATION,. Index Number 0/0 ugust, 00 Respondent. I B E F O R E : 0 Centre Street New York, New York 000 s c ; THE HONORABLE JANE SOLOMON, Justice A P P E A R A N C E S: Messrs. Glass Krakower L,P Attorneys for Petitioner Penn Plaza New York, New York 000 By: Bryan D. Glass, Esq..c : Assistant Corporation Counsel Attorneys for Respondents 00 Church Street, Room New York, New York 000 By: Abra S. Mason, Asst. Corp. Counsel Evelyn Mysch, C.S.R., R.P.R

3 * * (A receslj was taken.) (After the recess the following occurred:) THE COURT: I have discussed an amicable resol.ution which apparently can t be accomplished while I sit with tlie lawyers any furt.her today, so thyis is the way I have determined to leave things. am going to j.ssue a decision on h this order to show cause. There are three to, effective September, 00, namely the beginning of the 00 through school year, reinstate Petitioner to his tenured teaching position as a high school English teacher at NEST+m, which is the last position in the ( : : school he occupied before he was wrongfully terminated. As to that fj.rst request for: relief, I m satisfied from the narrative I engaged wit you earlier that the petition was seeking that relief which would flow from vacatur or rescission of the resignation letter the Evelyn Mysch, C.S.R., R.P.R

4 I Proceed i ng R & Petitioner tendered to Miss Livanis on her a 0 ; representation that she would do things which in the end she did not do, so if I ' m going to reinstate him to the status qua ante, e which is what relief granted, the Respondent: must reinstate him to his tenured teaching position as a high school English teacher at NEST+m. The decretal paragraph directed that he be reinstated retroactive or effective as at August, 00 and I would think that both _ : parties being represented before me as I speak this decision, that the reinstatement should be 0 effective September I'm sorry that the reinstatement needs to be nunc pro tunc August, 00 and it should be implemenled within ten days of service of a copy of the order hereon with notice of entry, failing which, the Respondent would be exposed to the consequences of failing to honor a direction of the Court. Now, the second request for relief is ordering Respondent to restore Petitjoner to his salary, health insurance and all other benefits and emoluments of employment effectlive Evelyn Mysch, C.S.R., R.P.R

5 five days after execution of the date of this order or to otherwise be he.d in contempt pursuant. AEide from the fact that that s not Engl.ish, perhaps lit would be best if : 0 ; clarified the decision and o.rder of May, 0 0 * Y Mr. miller'^ reinstatement as at I 00 shall be at: the salary, health jnsurance and other pension or other benefits which normally flow from t.he status he s 0 a su : U. rr : enjoyed and to which :I have caused him or directed that he be reinstated and the timeline in respect of that reinstatement which : just set forth applies to the second portion of this order to show cause. The dollar value of what was unpaid remains before the Referee, who, unfortunately wah unable to give you his time today and nothing else having been presented to me for decision, decline to step into the middle of the dispute over the dollar value of what needs to be calculated and paid to Mr. Miller bec it doesn t flow automatically from SornFtzhin cal.lcd a reinstatement. Evelyn Mysch, C.S.R., R.P.R

6 The foregoing.i.s Lhe decision and order of the court. It needs to be obtained from Evelyn in short order. I w ill so order it and send it and the gray sheet down to the county clerk together. I Lhink that's the right way to do it. And I thank you vcry m uch an wjsh you qood luck C MR. GLASS: Your Honor, you just mentioned September as the date; I think you intended September th. I just want to make sure my best. THE COURT: Once I see it, I will do A E Evelyn Mysch, C.S.R., R.P.R

7 C E R ' J: F : C A T E I, Evelyn Mysch, C.S.R., an New York, do hereby certify that the foregoing i.s a true and accurdte transcript of my sten0graphi.c notes..! 0 f f ici.al Court Reporter ' Evelyn Mysch, C.S.R., R.P.H