Challenging the credibility of the witness

Challenging the credibility of the witnessGhastin v New York City Dept. of Educ., 2019 NY Slip Op 01152, Appellate Division, First DepartmentThe Plaintiff in this action asked Supreme Court to vacate an Education Law §3020-a arbitrator's award that found the individual guilty of certain disciplinary charges and imposed a penalty of suspension without pay for four weeks. Supreme Court granted the New York City Department of Education's motion to dismiss Plaintiff's petition and Plaintiff appealed. The Appellate Division sustained the lower court's ruling.Plaintiff had objected to the hearing officer's "credibility determinations" with respect to the testimony of the Department's witnesses at the hearing. The Appellate Division said that the fact that the hearing officer found the testimony of the Department's witnesses more credible than Plaintiff's testimony does not serve to demonstrate that the hearing officer's…

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