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Thursday, March 15, 2012

Employee’s petition seeking to annul the termination of his or her probationary employment dismissed as untimely

Employee’s petition seeking to annul the termination of his or her probationary employment dismissed as untimely
Zarinfar v Board of Educ. of the City School Dist. of the City of NY, 2012 NY Slip Op 01753, Appellate Division, First Department

Supreme Court denied Majid Zarinfar’s petition seeking a court order annulling the NYC Department of Education’s decision terminating his employment as a probationary teacher and directing the Department to reinstate him to his position with back pay and interest.

The Appellate Division affirmed Supreme Court’s dismissing Zarinfar’s petition as untimely, noting that it had not been brought within four months of the effective date of his termination.

The court, citing Frasier v Board of Educ. of City School Dist. of City of N.Y., 71 NY2d 763, also commented that “Even if the petition was timely, we would find that it was properly dismissed [as Zarinfar] has failed to establish that the termination, which was based on unsatisfactory ratings and his failure to make recommended improvements, was for "a constitutionally impermissible purpose, violative of a statute, or done in bad faith."

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2012/2012_01753.htm

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

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