The question presented in this Article 78 appeal:

Would a teacher be able to apply time served on very different license to calculate whether they are beyond probationary status?

In this article 78 case of which sought to annul petitioners probationary termination petitioner claimed the service under a different license would win added to

Petitioner appeal a U rating for the 2010-2011 school year. Judge Hunter upheld the U rating but the Appellate Division, First Department reversed the ruling holding the the BOE, currently DOE did not follow the proper Performance Review Process.  The principal did do an observation of the Petitioner but failed to: file a post observation