Cathie Black Lawsuit1 Petition

8/8/2019 Cathie Black Lawsuit1 Petition

1/23


2/23


3/23


4/23


5/23


6/23


7/23


8/23


9/23


10/23


11/23


12/23


13/23


14/23


15/23


16/23


17/23


18/23


19/23


20/23

ersonal appearance is4Wre quired. All originapapers shall be filed withthe Court ClerORDER TO SHOW C

At IAS Partf the Supreme Cou rt of theState of New York, held in and for theCounty of Albany, at the Courthouse,located at 32 North Russell Road, Albany,New York, on December,, 2010,

AHonorable -,(Gce f r g t tek

, Jus ticeSUPREME COURT OF THE STATE OF NEW YOR KCOUNTY OF ALBANY

Index No. F gIn the Matter of an A rticle 78 Proceeding

PRESENT:

ERIC J. SNY DER , individually and as a parentand natural guardian of the m inors,GREGORY C. SNYDER andZOE A. SNYDER, Petitioner,-against-NEW YORK STATE BOARD OF REGENTS,THE UNIVERSITY OF THE STATE OFNEW YORK, NEW Y ORK STATEEDUCATION DEPARTMENT, DAVID M.STEINER, IN HIS CAPAC ITY ASCOMM ISSIONER OF THE NEW YORKSTATE EDUCATION DEPARTMENT,

Respondents.

Upon reading and filing the annexed Verified Petition of Eric J. Snyder,sworn to D ecember 2, 2010 , and the exhibits annexed thereto, it is:

ORDERED that The New York State Board of Regents, the University of theState of New York, the New York State Education Department, and David M. Steiner, inhis capacity as commissioner (the "Commissioner") of the New York State EducationDepartment (collectively "Respondents"), show cause before an IAS Part of this

(00449725v1)


21/23

, on Decembe2010, am. or as soon thereafter as counselourt in Roocan be heard, why an order should not be made and entered, pursuant to Article 78 of theNew York Civil Practice Law and Rules: (a) finding that the determination by theCommissioner that Cathleen Black was qualified to receive a district leader certificate(the "Certificate") to serve as Chancellor of the City School District of the City of NewYork, despite the fact that Ms. Black does no t possess a master's or higher degree, was anerror of law or was arbitrary and capricious; (b) annulling the granting of the Certificateto Ms. Black; and (c) for such other and further relief as to this court may deem just andproper; and it is further

ORDERED that service of a copy of this Order, together with the papers uponwhich it is granted, the Petition, with exhibits and the RJI, upon the Respondents asfollows: i) The Board of Regents of the State of New York, 89 Washington Avenue,Room 110EB, Albany, New York 12234, attention: Merryl H. Tisch; Chancellor;ii) the University of the State of New York, 89 Washington Avenue, Albany, New York12234, attention: Milton L. Cofield, Vice Chancellor; iii) New York State EducationDepartment, 89 Washington Avenue, Albany, New York 12234, attention Erin-O'GradyParent, Esq., Acting Counsel and Deputy Commissioner; iv) David M. Steiner,Commissioner, New York State Education Department, 89 Washington Avenue, Albany,New York 12234; and v) Office of the Attorney General, Albany Division, the Capitol,Albany, NY 12224, attention Andrew, Cuomo, Attorney General, via overnight mail, forreceipt on or before December 7 , 2010, shall be deemed good and sufficient servicethereof; and it is further

{00449725v1)


22/23

ORDERED, that responses to the Petition, if any, shall be served -e4a the06/6 641Petitioner, for actual receipt, on or before Decembera9 2010 and that Petitioner may

reply by serving his reply papers, if any, by no later than December 42010. c,t9/ 94,1

ENTER:

{00449725v1}


23/23

Albany County ClerkDocument Number 10780941Rcvd 12/03/2010 11:19:13 AM1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF ALBANY

In the Matter of an Article 78 ProceedingERIC J. SNY DER , individually and as a parentand natural guardian of the m inors,GREGOR Y C. SNYDER andZOE A. SNYDER, Petitioners,-against-NEW YORK STATE BOARD OF REGENTS,THE UNIVERSITY OF THE STATE OF NEW YORK,NEW YORK STATE EDUCATION DEPARTMENT,DAVID M . STEINER, IN HIS CAPACITY ASCOMMISSIONER OF THE NEW YORKSTATE EDUCATION DEPARTMENT,

Respondents.

Index No. '/),2- It)

VERIFIED PETITIO N

Eric Snyder, Petitioner, both individually as a taxpayer an d the parent and naturalguardian of the minors Gregory C. Snyder and Z oe A. Snyder, pro se , complaining of the

Respondents, pursuant to A rticle 78 of the C ivil Practice Law and Ru les, respectfullyalleges as follows:

BASIS FO R THE PETITIO NThe b asis for the Petition is that the requirement that Cathleen Black po ssess a

master's or higher degree as a condition to obtaining a School D istrict Leader certificate("Certificate"), under 8 N YCR R 8 0-3.10(b)(3)(i)(a)(1), cannot be w aived by theRespondents under either Education Law 30 03(3) or 8 NYC RR 8 0-3.1(b)(3)(iii) (the"Waiver Statutes"). As a result, the Petition seeks an order from the Court:(i) determining that the issuance by the Respondents of a Certificate, dated Novem ber 29,2010, to M s. Black, was an error of law or was arbitrary and capricious; and

Cathie Black Lawsuit1 Petition

Documents

Transcript of Cathie Black Lawsuit1 Petition