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 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