This Article 78 cases considered the requirement to file a Notice of Claim within 90 days of being terminated.  The court held that a Notice of Claim must be filed in the case of an employee being terminated.  A hearing officer found that a BOCES employee guilty of miscouct and insubordination and the respondent’s moved to dismiss the Article 78 proceeding for failure to file and Notice of Claim.  The motion was granted and the motion “a condition precedent to the maintenance of this proceeding, in which he seeks both equitable relief and recovery of damages (see Education Law 3813[1].  Read about this Article 78 employee termination case here.

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