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Grosz v. NYC Dept. of Educ.

Plaintiff Cannot Argue Contrary Facts on Misconduct Already Discussed at §3020-a Hearing

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The following e-filed documents, listed by NYSCEF document number (Motion 005) 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 were read on this motion to/for DISMISS LACK OF PROSECUTION. DECISION + ORDER ON MOTION Plaintiff Cindy B. Grosz brings this action against defendants New York City Department of Education (“DOE”), Noreen Little (“Little”), Sheila Jackson (“Jackson”), Edna Loncke¹ (“Loncke”) and Kathleen D. Cole (“Cole”) (collectively, “the Individual Defendants”) (together with DOE, defendants), for alleged employment discrimination, disparate treatment, and hostile work environment based on race and religion and retaliation in violation of New York State Human Rights Law (Executive Law §290 et seq.) (NYSHRL) and New York City Hu man Rights Law (Administrative Code of City of NY §8-101 et seq.) (NYCHRL) and for alleged retaliation in violation of Civil Service Law §75-b, Labor Law §740 and Administrative Code of the City of New York §12-113 (3). Defendants now move, pursuant to CPLR 3211(a)(5) and (a)(7), 3126 and 3216, to dismiss the third amended verified complaint. Background Information The following facts are taken from the third amended verified complaint (“the complaint”) unless otherwise noted and are assumed to be true for purposes of this decision. Plaintiff identifies as a “Caucasian, observant Jew” (NY St Cts Elec Filing [NYSCEF] Doc No. 7, Elisheva Rosen [Rosen] affirmation, exhibit A, complaint 134). She was employed by DOE as a fully tenured teacher at P.S. 156 (the School) from September 2001 until July 30, 2013, when she was terminated after a disciplinary hearing held under Education Law §3020-a (id.,

8-9 and 129). Plaintiff reported to Little, the principal, and Jackson, Loncke and Cole, the assistant principals, all of whom are “non-Jewish, African-Americans” (id.,

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