Matter of Feldman v. Bd. of Ed., City of N.Y

Full title: In the Matter of SANDRA FELDMAN, as President of the United Federation of…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 22, 1999

259 A.D.2d 700 (N.Y. App. Div. 1999)

686 N.Y.S.2d 842

Opinion

March 22, 1999

Appeal from the Supreme Court, Kings County (Kramer, J.).

Ordered that the appeal of Jose Dunker is dismissed as withdrawn; and it is further,

Ordered that the judgment is affirmed insofar as reviewed; and it is further,

Ordered that the respondents are awarded one bill of costs.

CPLR 217 provides that "a proceeding against a body or officer must be commenced within four months after the determination to be reviewed becomes final and binding upon the petitioner". A determination is considered final and binding for CPLR 217 purposes when it has an impact upon the petitioner and when he knows he is aggrieved (see, Matter of Metropolitan Package Store Assn. v. Duffy, 143 A.D.2d 832). On this record, so much of the petition as is asserted on behalf of Jennifer Jones was time-barred (see, Matter of Clark v. Suffolk County Dept. of Civ. Serv., 216 A.D.2d 464).

Contrary to the petitioners' arguments, the respondents' action in terminating the teaching licenses of the petitioners Brenda Parsons-English and Karen Jacoby-Raglievich was not arbitrary and capricious, since they admittedly failed to achieve a passing grade on the National Teacher's Examination within five years of the issuance of their licenses (see, Matter of Kudler v. Board of Educ., 236 A.D.2d 403).

The petitioners' remaining contentions are without merit.

S. Miller, J. P., Florio, McGinity and Luciano, JJ., concur.