School's Out.

The First Department denied petitioner's challenge to her termination as a probationary assistant principal, in Matter of James v. Klein, which was decided on September 25, 2007.

The court noted that the matter had been improperly transferred to it, citing CPLR 7804(g), and that the proper standard of review in this matter is "arbitrary and capricious," as specified in CPLR 7803(3), not the "substantial evidence" of 7803(4).

In any event, the court did not have to apply the review standard. Since petitioner failed to commence this Article 78 proceeding within four months of the effective termination of her probationary employment, the challenge to the discontinuation of her probationary status was time-barred.