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