March 3, 2011

Administrative Law.

Practice point: Petitioner-student seeking reinstatement did not commence the proceeding within four months after notice of the denial of her final administrative appeal, and so the proceeding was time-barred, pursuant to CPLR 217[1].

Students should note that the fact that she was not given proper instructions for the exam in question is not an issue for judicial intervention.

The case is Kingston v. Sophie Davis School of Biomedical Educ., NY Slip Op 01406 (1st Dept. 2011).


Tomorrow's issue is Judiciary Law.