Terminated Probationary teacher seeking back pay in Article 78 must file Notice of Claim in 90 days

The New York State Court of Appeals held that a probationary teacher who sues for back pay in an Article 78 would have had to have filed a Notice of Claim within 90 after the claim arose.

The Court affirmed the Appellate Division, Second Department decision in that when back pay was requested a Notice of Claim would have been required.  It stated when only equitable relief or, in other words, reinstated is sought there is no Notice of Claim requirement. see Matter of Sheil v Melucci, 94 AD3d 766

The Notice of Claim requirement is contatined in Education Law 3813 (1).  When more than equitable relief is sought in this type of Article 78 proceeding the filing of a Notice of Claim is a condition precedent to maintaining the proceeding.

Read about this probationary teacher termination case here.

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