Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05311
Matter of Salvatore v South Country Cent. Sch. Dist.
Read the official decision: 2026 NY Slip Op 05311
Holding The Appellate Division affirmed the denial of the petition to vacate the hearing officer’s determination, finding that the termination of the teaching assistant’s employment was supported by evidence and not arbitrary or capricious. The court held that the penalty was not disproportionate to the misconduct, which involved posting a racially inflammatory message on social media.
The court’s words
the petitioner posted a racially inflammatory message on Facebook
2026 NY Slip Op 05311, at the official text
the hearing officer's determination has evidentiary support and was not arbitrary and capricious
2026 NY Slip Op 05311, at the official text
the penalty of termination of employment is not irrational and does not shock the conscience
2026 NY Slip Op 05311, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05311 |
| Area of law | Education Law · Employment and Discrimination |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05311 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 542 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Salvatore v South Country Cent. Sch. Dist., 2026 NY Slip Op 05311 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05311/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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