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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
CourtAppellate Division, Second Department
DecidedSeptember 16, 2026
Citation2026 NY Slip Op 05311
Area of lawEducation Law · Employment and Discrimination
WeekWeek ending September 19, 2026
Official textOfficial decision: 2026 NY Slip Op 05311
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id542

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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Published September 16, 2026. Updated September 16, 2026.