Plaintiff in this action submitted a motion to Supreme Court seeking to renew his CPLR Article 78 action challenging the City University of New York's [CCNY] decision to terminated Petitioner from his position with CCNY. Supreme Court granted CCNY's cross-motion to dismiss Plaintiff's Article 78 action, rejecting Plaintiff's efforts have CCNY's decision to terminate Plaintiff from his position with CCNY annulled.
Plaintiff appealed the Supreme Court decision, which ruling the Appellate Division unanimously affirmed.
The Appellate Division explained that Plaintiff's [1] challenging his termination following an investigation into harassment allegations made against him and [2] challenging CUNY's decision not to interview him for another position with CCNY were time-barred as "Petitioner brought the proceeding well outside the four-month statute of limitations".
The Appellate Division then opined that "Even if the petition were timely, due process claims stemming from his termination are barred by the doctrine of res judicata" as Petitioner had already litigated the merits of such claims in federal court.
Turning to CCNY's decision not to interview Plaintiff for another position with CCNY in 2022, the Appellate Division found that action by CCNY "was neither arbitrary nor capricious".
Noting that the Court had also considered other arguments advanced by Petitioner, said that it had "found them to be unavailing".
Click HERE to access the Appellate Division's decision posted on the Internet.