Moore v Board of Educ. of the City Sch. Dist. of the

City of N.Y.

2024 NY Slip Op 33080(U)

September 3, 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.
160087/2020 MOORE, JOMANI vs. CITY SCHOOL DISTRICT OF THE

Motion No. 001

Page 1 of 4

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, 36, 37, 38, 39

were read on this motion to/for ARTICLE 78 (BODY OR OFFICER) .

Upon the foregoing documents, it is

ORDERED that the Order dated April 25, 2024, resolving motion 

sequence number 001 in this proceeding, is VACATED, RESETTLED, AND 

CORRECTED, nunc pro tunc, pursuant to CPLR § 5019(a) [see Kiker v 

Nassau County, 85 NY2d 879 (1995)] as follows:

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 the petitioner is awarded 23 days salary, and it is further 

SUPREME COURT OF THE STATE OF NEW YORK

NEW YORK COUNTY

PRESENT: HON. DEBRA A. JAMES PART 59

Justice 

---------------------------------------------------------------------------------X INDEX NO. 160087/2020

 MOTION DATE 10/25/2023

 MOTION SEQ. NO. 001

ORDER –

RESETTLED/AMENDED 

(MOTION RELATED)

JOMANI MOORE,

 Petitioner, 

For a Judgment pursuant to Article 78 of the Civil Practice

Laws and Rules,

- v -

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,

 Respondents. 

---------------------------------------------------------------------------------X

INDEX NO. 160087/2020

NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 09/03/2024

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160087/2020 MOORE, JOMANI vs. CITY SCHOOL DISTRICT OF THE

Motion No. 001

Page 2 of 4

ORDERED that matter is remanded to respondents for the 

calculation of an award of 23 days’ salary; and it is further

ORDERED to the extent that petitioner 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

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.

7DECISION

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 729, 731 (2010).

On June 22, 2020, the Board, by its District 75 

Superintendent, notified petitioner that 

INDEX NO. 160087/2020

NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 09/03/2024

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160087/2020 MOORE, JOMANI vs. CITY SCHOOL DISTRICT OF THE

Motion No. 001

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“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.”

Then, by letter dated July 15, 2020, the Board, by its 

District 75 Superintendent, wrote petitioner that: 

“This is to inform you that after reviewing written 

response received on July 15, 2020. (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 7

days’ notice of his termination, 23 days short of the 30-day 

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Motion No. 001

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requirement set forth in Education Law § 3019. See Matter of 

Vetter, 14 NY3d at 731 (2010).

The Board argues that even if it was deficient in providing 

notice of the discontinuance, Moore suffered no lost compensation, 

as the Board paid him an additional 48 days of salary, as he

remained on the Board’s payroll until September 1, 2020. However, 

the Board concedes that the salary Moore received between July 22, 

2020 and September 1, 2020 constituted deferred compensation that 

was earned during the school year, to which Moore was already 

entitled. (NYSCEF Documents 17, ¶ 7; 24 ¶ 7; and 25, p. 11, L2, 

L5). Nor is the Board’s argument about summer vacation of any 

moment. See Matter of Vetter, supra, at p. 731.

Based on the foregoing, Moore is entitled to an award of 23 

days salary pursuant to Education Law § 3019. 

9/3/2024

DATE DEBRA A. JAMES, J.S.C.

CHECK ONE: X CASE DISPOSED NON-FINAL DISPOSITION

X GRANTED DENIED GRANTED IN PART OTHER

APPLICATION: SETTLE ORDER SUBMIT ORDER

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE

INDEX NO. 160087/2020

NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 09/03/2024

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