After charges were filed and a hearing held before a hearing officer Petitioner filed an Article 78 suit claiming his privilege against self incrimination had been violated.

The Appellate Division, Second Department wrote: “The privilege against self-incrimination was not a bar to the disciplinary charges because the petitioner was not required to waive his immunity

Plaintiff claimed improper termination from respondent County and alleged protection under civil service law section 75 – be the public sector whistleblower law.

Plaintiff failed to file a notice of claim as required by County law section 52 and defendants motion to dismiss this improper termination case was granted. New York State general municipal

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

The New York State Court of Appeals held that a probationary teacher who sues for back pay in an Article 78 would have had to have filed a Notice of Claim within 90 after the claim arose.

The Court affirmed the Appellate Division, Second Department decision in that when back pay was requested a Notice

So I frequently get asked the question:

Are there are options when you are terminated following administrative hearing?

The answer is yes. There is a section in the New York State Civil Practice Law and Rules known as Article 78 which allows you to file a Notice of Petition and Petition in the Supreme Court