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Processing of an administrative appeal does not toll the running of a statute of limitations

Processing of an administrative appeal does not toll the running of a statute of limitations
Matter of Yolanda Strong v New York City Dept. of Educ., 2009 NY Slip Op 04114, decided on May 26, 2009, Appellate Division, First Department

State Supreme Court, New York County, Leland G. DeGrasse, Jr., granted Yolanda Strong?s petition challenging the New York City Department of Education terminating her employment as a probationary a per diem substitute teacher.

The Appellate Division reversed Judge DeGrasse?s ruling, holding that Strong?s lawsuit was untimely as it had been commenced more than four months after the Education Department advised Strong of its determination that she had violated its regulations by ?using force as a disciplinary technique.? The Department also told Strong that her name would "remain on the Ineligible Inquiry list,* terminating [her] services with [the Department]."

Critical to the resolution of this appeal was the Appellate Division?s holding that the time limits for Strong commencing her lawsuit challenging her dismissal ?was not extended by her administrative appeal of [the Department of Education?s] determination.?

The court also addressed a related issue: A finding by the Unemployment Insurance Appeal Board that Strong had not engaged in corporeal punishment. Such a finding, said the Appellate Division, ?lacks preclusive effect.?

* Placing an individual?s name on the "Ineligible/Inquiry" list maintained by the New York Department of Education bars that individual from employment at any DOE school while his or her name remains on such list [McPherson v. New York City Dep't of Education, 457 F.3d 211].

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_04114.htm

Full post as published by New York Public Personnel Law on June 02, 2009 (boomark / email).