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IN RE PAULET FACEY, petap, v. NEW YORK CITY DEPARTMENT OF EDUCATION, res-res

9799. IN RE PAULET FACEY, petap, v. NEW YORK CITY DEPARTMENT OF EDUCATION, res-res — PAULET FACEY, APPELLANT PRO SE. Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for res — Order and judgment (one paper), Supreme Court, New York County (Eileen A. Rakower, J.), entered March 22, 2012, which denied the petition to vacate an arbitration award finding petitioner guilty of certain charges, imposing a fine of $8,000 and directing that petitioner receive up to 48 hours of pedagogical training, confirmed the arbitration award and dismissed the proceeding, unanimously affirmed, without costs.

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9799. IN RE PAULET FACEY, petap, v. NEW YORK CITY DEPARTMENT OF EDUCATION, res-res — PAULET FACEY, APPELLANT PRO SE. Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for res — Order and judgment (one paper), Supreme Court, New York County (Eileen A. Rakower, J.), entered March 22, 2012, which denied the petition to vacate an arbitration award finding petitioner guilty of certain charges, imposing a fine of $8,000 and directing that petitioner receive up to 48 hours of pedagogical training, confirmed the arbitration award and dismissed the proceeding, unanimously affirmed, without costs.

The record supports the findings of misconduct committed by petitioner, including making a remark comparing the elementary school where she worked “to the shootings and killings of individuals in the Iraq war.” Moreover, while uttering the remark, she stood up and feigned pulling the trigger of a gun, which was worrisome to her colleagues. There exists no basis to disturb the credibility determinations of the arbitrator (see Matter of Lackow v. Department of Educ. of the City of N.Y., 51 AD3d 563, 568 [1st Dept 2008]).

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