In Johnson v. Bd. of Educ., 291 A.D.2d 450 [2nd Dept. 2002] the petitioner commenced an Article 78 proceeding challenging his termination, as well as his "unsatisfactory" rating. Although petitioner brought the petition within four months of the decision to uphold petitioner's "unsatisfactory" rating, the proceeding was commenced more than four months after petitioner's termination. The Second Department held that so much of the petition that challenged the termination and sought reinstatement was time barred; but that the petition was timely with respect to the challenge to the "unsatisfactory" rating. Accordingly, the petitioner's only available remedy was expungement of the "unsatisfactory" rating from his records (id. at 393.)