The opinion
Moore v Board of Educ. of the City Sch. Dist. of the
City of N.Y.
2024 NY Slip Op 31491(U)
April 25, 2024
Supreme Court, New York County
Docket Number: Index No. 160087/2020
Judge: Debra A. James
Cases posted with a "30000" identifier, i.e., 2013 NY Slip
Op 30001(U), are republished from various New York
State and local government sources, including the New
York State Unified Court System's eCourts Service.
This opinion is uncorrected and not selected for official
publication.
INDEX NO. 160087/2020
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/25/2024
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. DEBRA A. JAMES PART 59
Justice
----------------------------------------------------------------- ----------------X INDEX NO. 160087/2020
JOMANI MOORE,
MOTION DATE 10/25/2023
Petitioner,
MOTION SEQ. NO. 001
For a Judgment pursuant to Article 78 of the Civil Practice
Laws and Rules,
- V -
BOARD OF EDUCATION of the CITY SCHOOL DISTRICT DECISION + ORDER ON
of the CITY OF NEW YORK, and RICHARD A. CARRANZA, MOTION
in his official capacity as CHANCELLOR of the CITY
SCHOOL DISTRICT of the CITY OF NEW YORK,
Respondents.
------------------------------------------------------------------- --------------X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 4, 9, 10, 13, 14, 15,
16, 17, 18, 19,20,22,23,24,25,26,30,32,33,34,35
were read on this motion to/for ARTICLE 78 (BODY OR OFFICER)
ORDER
Upon the foregoing documents, it is
ORDERED and ADJUDGED that the petition of JOMANI MOORE,
pursuant to CPLR Article 78, is GRANTED in part, to the extent
that petitioner is entitled to recover 23 days' salary from
respondents;and it is further
ORDERED to the extent that the petition seeks attorneys' fees
and interest, such application is denied and dismissed (see Bello
v Roswell Park Cancer Institute, 5 NY3d 170 [2005]); and it is
further
160087/2020 MOORE, JOMANI vs. CITY SCHOOL DISTRICT OF THE Page 1 of4
Motion No. 001
1 of 4
[* 1]
INDEX NO. 160087/2020
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/25/2024
ORDERED that this matter is remanded to respondents for the
calculation of an award of 23 days' salary to petitioner, which
respondents shall pay petitioner, forthwith.
DECISION
Petitioner Jomani Moore ("Moore") , a probationary teacher,
commenced this proceeding against the respondents Board of
Education of the City School District of the City of New York, and
Richard A. Carranza, in his official capacity as Chancellor of the
City School District of the City of New York (collectively, the
"Board",) seeking an award of salary for 30 days due to the Board's
violation of the 30-day requirement set forth in Education Law§
3019.
"Education Law§ 3019-a requires school authorities to give
probationary teachers written notice of termination at least 30
days before the effective date of termination." Matter of Vetter
v Bd. of Educ., 14 NY3d 7 2 9, 7 31 ( 2010) .
On June 22, 2 02 0, the Board, by its District 75
Superintendent, notified petitioner that
"This is to inform you that on June 22, 2020, I will
review and consider whether your services as a
probationer be discontinued as of the close of business
July 22, 2020.
* * *
[Y]ou may submit a written response to the reasons no
later than seven ( 7) days prior to the date of my
consideration and final determination of your
Discontinuance."
160087/2020 MOORE, JOMANI vs. CITY SCHOOL DISTRICT OF THE Page 2 of 4
Motion No. 001
2 of 4
[* 2]
INDEX NO. 160087/2020
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/25/2024
Then, by letter dated July 15, 2 02 0, the Board, by its
District 75 Superintendent, wrote petitioner that:
"This is to inform you that after reviewing written
response received on July 15, 2 02 0. ( sic) I reaffirm
your Discontinuance of Probationary service effective
close of business July 22, 2020."
(NYSCEF Document Number 003).
The employment and payment records submitted by the Board
establish that Moore remained on the Board's payroll until
September 1, 2020 (NYSCEF Document Numbers 014-016). This court
finds that the letter dated June 20, 2022 was equivocal whether
Moore's probationary teaching services would be discontinued
effective July 22, 2020, which renders such letter ineffective
to give petitioner the requisite thirty days-notice. Such
equivocation is compounded by the Board's providing that
petitioner "may submit a written response to the reasons no
later than seven days before the date of my consideration and
final determination of your Discontinuance" unless the
Superintendent's consideration of same was illusory.
The letter dated July 15, 2020 letter provided Moore only
days- notice of his termination, a 23 days short of the 30-day
requirement set forth in Education Law § 3019. See Matter of
Vetter , 1 4 NY 3 d at 7 3 1 ( 2 0 1 0 ) .
The Board argues that even if it was deficient on providing
notice of the discontinuance, Moore suffered no lost compensation,
as the Board paid him an additional 48 days of salary, as remained
160087/2020 MOORE, JOMANI vs. CITY SCHOOL DISTRICT OF THE Page 3 of 4
Motion No. 001
3 of 4
[* 3]
INDEX NO. 160087/2020
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 04/25/2024
on the Board's payroll until September 1, 2020. Nor is the Board's
argument that petitioner suffered no losses due to his receipt of
pro-rated summer vacation pay of any moment. See Matter of Vetter,
supra, at p. 731.
P- ~ .A - } ~
20240425162708DJAMESF2685A892C75496C8D8091E929805324
4/25/2024
DATE DEBRA A. JAMES, J.S.C.
CHECK ONE: NON-FINAL DISPOSITION
□
GRANTED IN PART OTHER
APPLICATION: SUBMIT ORDER
□
CHECK IF APPROPRIATE: FIDUCIARY APPOINTMENT REFERENCE
160087/2020 MOORE, JOMANI vs. CITY SCHOOL DISTRICT OF THE Page4 of 4
Motion No. 001
4 of 4
[* 4]