Kifan Pak v New York City Department of Education

Petitioner, Kifan Pak, commenced this Article 78 proceeding to review the decision of respondent, New York City Department of Education, terminating him as a probationary teacher. Petitioner pursued an administrative appeal which resulted in the decision of termination being upheld. He then brought about this Article 78 appeal in Supreme Court. Respondents cross-moved to dismiss the petition arguing that it was time barred and the statute of limitations had expired.

Petitioner was informed of his termination by letter dated February 21, 2007. Petitioner immediately pursued an administrative appeal and received the determination to sustain the recommendation of termination by letter dated September 11, 2007. Petitioner then commenced the Article 78 appeal to vacate the decision on January 15, 2008. CPLR Section 217 states that an Article 78 proceeding to challenge an administrative decision must be commenced within four months after the determination becomes final. The internal administrative review did not extend petitioner’s limitation period because it is merely a procedural contractual right and not a constitutional or statutory right.

Accordingly, the Supreme Court granted respondent’s cross-motion to dismiss the petition as time-barred and dismissed the petition.

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