Desir v. Klein

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Joel Klein, as Chancellor of the New York City Department of Education, dated June 28, 2005, discontinuing the petitioner’s probationary service as a special education teacher, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Polizzi, J.), dated August 22, 2006, which, inter alia, granted that branch of the respondents’ cross motion which was to dismiss the proceeding pursuant to CPLR 3211 (a) (5) as time-barred.

Ordered that the order and judgment is…