IN RE BRUNILDA FREYTES, pet-ap, v. CITY OF NEW YORK res-res

2868. IN RE BRUNILDA FREYTES, pet-ap, v. CITY OF NEW YORK res-res — Glass Krakower LLP, New York (Bryan D. Glass of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Kathy Chang Park of counsel), for res — Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered April 30, 2015, denying the petition to, inter alia, annul respondents’ determination, dated July 29, 2014, which upheld petitioner’s unsatisfactory rating (U-rating) for the 2012-2013 school year, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner failed to show that the U-rating was arbitrary and capricious, or made in bad faith (see generally Matter of Murnane v. Department of Educ. of the City of N.Y., 82 AD3d 576 [1st Dept 2011]. The evidence shows that petitioner failed to timely complete a “curriculum map,” which sets out the topics of study and general lesson plan for the school year, despite being charged with overseeing the preparation of the map during the summer of 2012. Petitioner also failed to update the principal about the project, although the principal repeatedly checked on its status. Such conduct provided a rational basis for the U-rating, as did petitioner’s failure to rectify the situation when her failure was first discovered in October 2012.