ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

October 27, 2011

Article 78 action initiated before the arbitration award was promulgated

Article 78 action initiated before the arbitration award was promulgated
Jenkins v New York City Dept. of Education, 88 AD3 600

Antonio J. Jenkins, acting as his own attorney, challenged a §3020-a arbitrator’s determination finding him guilty of certain disciplinary charges.

Supreme Court denied Jenkins’ motion to restore the petition that Jenkins had earlier filed to the calendar and granted the New York City Department of Education's motion to dismiss his petition. 

Supreme Court ruled that Jenkins’ actions was time-barred because he did not file his appeal within 10 days of the arbitrator's determination as required by Education Law §3020-a(5).”

The Appellate Division reversed the lower court’s ruling, holding that Jenkins, having filed a petition in Supreme Court “before the arbitrator's ruling was issued” resulted in the appeal being timely for the purposes of §3020-a(5).

The court said that the lower court should have converted  “the instant action to an Article 75 proceeding and to consider the Department’s alternative bases for dismissal” rather than to have, as it did, dismissed Jenkins’ petition in its entirety.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2011/2011_07503.htm


CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com