Petitioner also showed no remorse nor appreciation for the seriousness of her conduct (see e.g. Matter of Villada v City of New York, 126 AD3d 598, 599 [1st Dept 2015]) to support a finding that she would not engage in similar conduct if faced with such circumstances in the future. Petitioner declined to take the stand, and thus, the hearing officer was permitted to draw the strongest inference against her permitted by the record (Matter of Carangelo v Ambach, 130 AD2d 898, 900 [3d Dept 1987], appeal denied 70 NY2d 609 [1987]).
A blog edited by Arbitrator Mitchell Rubinstein which is designed to inform employers, unions, individuals, and lawyers about my practice and about recent developments in the field of labor and employment law. Mitchell Rubinstein is a labor arbitrator and handles business and commercial arbitrations before FINRA.
Monday, May 15, 2017
Teacher's Lack of Testimony Can Be Used Against Her in a 3020-a Proceeding
Varriale v. City of New York, ____A.D.____ (1st Dep't. 2017), is an important decision to be aware of. The court sustained the termination of a teacher with no disciplinary history and thirteen (13) years of seniority for escalating a confrontation with a student, by yelling expletives and threatening violence. Of significance, is that the teacher did not testify on her own behalf and she did not express remorse for the conduct. The arbitrator was permitted to draw a negative inference because of that. As the court stated:
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Does Janus Invalidate Mandatory Bar Association Membership Fees
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I bring Matter of Vagianos v. City of New York , ___A.D.3d___(1st Dept. June 13, 2017) to your attention to illustrate an important point. ...
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I was again quoted in the Washington Times about Judge Kavanaugh's confirmation hearings; this time about his views with respect to the ...
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Several lawyers are challenging mandatory bar dues requirements after Janus. Until Janus, the law in most, if not all, jurisdictions was tha...
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