Matter of Andersen v. Klein

In Matter of Andersen v. Klein, 50 AD3d 296 (1st Dep't 2008) on June 8, 2004, petitioner's principal gave petitioner a year-end rating of unsatisfactory and recommended discontinuance of petitioner's probationary service. By letter dated October 29, 2004, respondent's Local Instructional Superintendent affirmed the discontinuance effective that day. The First Department held that petitioner's time to seek judicial review of the discontinuance began to run upon his receipt of the October 29, 2004 letter, and was not postponed or tolled by the administrative review completed by the same Local Instructional Superintendent on September 16, 2005 when, after considering a March 2005 report of a three-member committee designated by the Chancellor, he reaffirmed the discontinuance. Accordingly, the proceeding, which was commenced in January 2006, more than four months after petitioner's receipt of the October 29, 2004 letter, was deemed time-barred to the extent it challenged the discontinuance and sought reinstatement.