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Court of Appeals – Administrative Remedies: Khan v. NYC Dept. of Ed., et al.; Nash v. Bd. of Ed. of the NYC School Dist., et al.

By Daily Record Staff
Posted: 3:52 am Fri, March 9, 2012

New York State Court of Appeals

Administrative Remedies

Internal Review — Collective Bargaining Agreement

Khan v. NYC Dept. of Ed., et al.; Nash v. Bd. of Ed. of the NYC School Dist., et al.
Nos. 25 & 26
Judge Read

Background: The court was asked to address whether the petitioners were required to exhaust an available internal appeal procedure before challenging the termination of their probationary employment at the New York City’s Department of Education. Both petitioners brought suit after they had waited for an internal review process. The court had determined their actions were time-barred.

Ruling: The Court of Appeals held that the DOE’s decisions were “final and binding” within the meaning of CPLR 217 (1) as of the dates when the petitioners’ probationary service ended. The review that the petitioners had waited for were based upon those provided under the Collective Bargaining Agreement and DOE bylaws. They were optional and were not administrative remedies that were required of petitioners. Because the petitioners brought suit more than four months after the dates when their probationary service ended, their claims were time-barred.

No. 25: Adriana Pinon for the appellant; Julian L. Kalkstein for the respondents; No. 26: Keith J. Gross for the appellant; Julian L. Kalkstein for the respondents

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