December 20, 2010

Employment Law.

Practice point: A petition to challenge the termination of probationary employment on substantive grounds must be brought within four months of the effective date of termination, pursuant to CPLR 217[1].

Students should note that the time to commence such a proceeding is not extended by the petitioner's pursuit of administrative remedies.

Case: Kahn v. New York City Dept. of Educ., NY Slip Op 09168 (1st Dept. 2010)

Here is the decision.

Tomorrow's issue: Motion pratice.