March 16, 2022

Employees seeking reinstatement following submitting a resignation must comply with the controlling law, rule or regulation

In Sanchez v The Department of Education of the City of New York, 2022 NY Slip Op 00954, the Appellate Division held that Sanchez, the petitioner in this CPLR Article 78 action, was not entitled to the restoration of his tenure upon his return from resignation as he failed to provide 30 days' notice of his resignation. The court explained that the Department of Education's action was not arbitrary and capricious, noting that "[J]udicial deference to an agency's interpretation of its own regulations is a basic tenet of administrative law," citing Andryeyeva v New York Health Care, Inc., 33 NY3d 152, and that it had previously ruled that "DOE employees must 'strictly' comply with the procedures set forth in Chancellor's Regulation C 205," citing Matter of Vaccaro v Board of Educ. of the City Sch. Dist. of the City of N.Y., 139 AD3d 612.

Click HERE to access the text of the Appellate Division's ruling.

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