IN RE DIANA HAAS, Petitioner-res-ap, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Respondent-Appellant-res

10183. IN RE DIANA HAAS, Petitioner-res-ap, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Respondent-Appellant-res — Michael A. Cardozo, Corporation Counsel, New York (Susan B. Eisner of counsel), for appellant-res — Glass Krakower LLP, New York (Bryan D. Glass of counsel), for res-res — Order and judgment (one paper), Supreme Court, New York County (Carol R. Edmead, J.), entered May 21, 2012, which, inter alia, granted the petition to vacate a post-hearing award sustaining specifications of corporal punishment of a kindergarten student and of directing students who witnessed the incident not to discuss what they had observed, and imposing the penalty of termination of petitioner's employment as a New York City schoolteacher, to the extent of vacating the penalty imposed and remanding the matter to a different hearing officer for a determination of the penalty based on the administrative record, but taking no account of any evidence of uncharged wrongdoing, unanimously modified, on the law, the penalty of termination reinstated, and otherwise affirmed, without costs.

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10183. IN RE DIANA HAAS, Petitioner-res-ap, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Respondent-Appellant-res — Michael A. Cardozo, Corporation Counsel, New York (Susan B. Eisner of counsel), for appellant-res — Glass Krakower LLP, New York (Bryan D. Glass of counsel), for res-res — Order and judgment (one paper), Supreme Court, New York County (Carol R. Edmead, J.), entered May 21, 2012, which, inter alia, granted the petition to vacate a post-hearing award sustaining specifications of corporal punishment of a kindergarten student and of directing students who witnessed the incident not to discuss what they had observed, and imposing the penalty of termination of petitioner’s employment as a New York City schoolteacher, to the extent of vacating the penalty imposed and remanding the matter to a different hearing officer for a determination of the penalty based on the administrative record, but taking no account of any evidence of uncharged wrongdoing, unanimously modified, on the law, the penalty of termination reinstated, and otherwise affirmed, without costs.

The record contains adequate evidence to support the determination that petitioner was guilty of the specifications charging her with pulling a chair out from underneath a kindergarten student and then kicking the student while he was on the floor, and that following the incident she directed the students who witnessed the incident not to discuss what they had observed. The Hearing Officer considered all of the testimony presented and no basis exists to disturb the credibility determinations made by the Hearing Officer (see Matter of Douglas v. New York City Bd./Dept. of Educ., 87 AD3d 856, 857 [1st Dept 2011]).

IN RE DIANA HAAS, Petitioner-res-ap, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Respondent-Appellant-res

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