New York Court of Appeals
Leslie Kahn, Appellant v. New York City Department of Education, Respondents; In the Matter of Doreen Nash…
February 14, 201218 N.Y.3d 457
Summary
The Court affirmed that the Department of Education's termination decisions for probationary employees were final and binding on the dates the terminations became effective, and that the optional internal appeal procedure does not toll the four‑month CPLR 217 limitation period. Consequently, the plaintiffs' Article 78 actions were filed untimely and were dismissed, and the 1983 claim failed because a probationary employee lacks a property interest in the position.