Legal Opinion
Murnane v. Department of Education
Appellate Division of the Supreme Court of the State of New York
Decided March 22, 2011PublishedCited by 29 opinions
1Opinion of the Court
The court properly determined that petitioner’s challenge to her termination as a probationary teacher is time-barred. Such a challenge must be brought within four months of the effective date of termination, and the petitioner’s pursuit of administrative remedies does not toll the four-month statute of limitations (see CPLR 217 [1]; Kahn v New York City Dept. of Educ., 79 AD3d 521, 522 [2010]). The effective date of petitioner’s termination was July 26, 2007. Accordingly, her petition, filed on July 17, 2009, was untimely.
While respondent concedes that the petition is not time-barred to the…
2Cases cited3 opinions
- Che Lin Tsao v. KellyAppellate Division of the Supreme Court of the State of New York · 2006
- Kahn v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2010
- Andersen v. KleinAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by29 opinions
- Kolmel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Matter of Brennan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Storman v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Muller v. New York City Dept. of Educ.Appellate Division of the Supreme Court of the State of New York · 2016
- Matter of Rieser v. New York City Dept. of Educ.Appellate Division of the Supreme Court of the State of New York · 2015
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