Labor & Employment Law

Statute of limitations for filing an Article 78 petition not tolled by filing a grievance

Statute of limitations for filing an Article 78 petition not tolled by filing a grievance
DiRuzzo v Department of Education, City of New York, 44 A.D.3d 535

A Supreme Court, New York County, judge dismissed the Article 78 petition filed by Nadina DiRuzzo challenging the New York Board of Education?s terminating her from her teaching position. The lower court?s ruling was unanimously affirmed by the Appellate Division.

DiRuzzo conceded that once her claim accrued, her filing of a grievance does not toll the statutory limitation period. Further, DiRuzzo did not contend that filing the grievance extended her original accrual date, nor did she challenge the grievance determination resolving her complaint. Further, said the court, ?she has not shown that the 2005 grievance was a ?fresh and new redetermination? that might otherwise have started the running of a ?new statute of limitation? period.?

In another ?statute of limitations? case, Siino v Department of Education of the City of New York 44 A.D.3d 568, the Appellate Division dismissed a lawsuit brought by Carolyn Jane Siino challenging her dismissal from her position as a tenured teacher with the New York City public school system. The court noted that Siino?s cause of action accrued, ?at the latest,? when she was terminated from her position and thus her lawsuit, filed some seven years later, was time-barred by the one-year statute of limitations set out in Education Law §3813(2-b).

Further, said the court, Siino?s lawsuit ?is also barred by the judgment in DOE?s favor in DOE?S favor in a prior federal proceeding that also involved [Siino?s] termination of employment.?

Full post as published by New York Public Personnel Law on May 08, 2008 (boomark / email).