ARTIFICIAL INTELLIGENCE [AI] IS NOT USED IN COMPOSING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS.

Mar 31, 2026

Discrete acts of a school board over a period of time alleged to constitute misconduct fail to establish a continuing wrong

Observing that the "discrete acts of misconduct" described by Petitioner in her petition and which allegedly took place between January 2025 and September 2025, each of these acts having occurred more than 30 days prior to service of the Plaintiff's petition, the Commissioner of Education found that such acts, in the aggregate, did not constitute a continuing wrong.

The Commissioner explained that:

1. With respect to the challenged contracts, the Commissioner said it has been consistently held that the 30-day time limitation set for filing such appeals “commences upon the award[ing] of [a] contract”; and 

2.  It has been consistently held that events "like school elections and board meetings" also trigger unique and independent 30-day time limitations.

Accordingly, the Commissioner found that Petitioner’s claims were untimely and must be dismissed, indicating that "[in] light of this determination, [she] need not address the parties’ remaining contentions".

Click HERE to access the Commissioner's decision posted on the Internet.


Editor in Chief Harvey Randall served as Director of Personnel, State University of New York Central Administration; Director of Research, Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service; and Colonel, JAG, Command Headquarters, 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.

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