Appellate Division of the Supreme Court of New York, 2012

Zarinfar v. Board of Education

Appellate Division of the Supreme Court of New York · Decided March 13, 2012

93 A.D.3d 466; 939 N.Y.S.2d 702

Cases that cite this one

4 later published cases cite this decision.

Matter of Palmore v. Board of Educ. of Hempstead Union Free Sch. Dist. (Appellate Division of the Supreme Court of New York 2016)
Matter of Graham v. City of New York (Appellate Division of the Supreme Court of New York 2026)
Matter of Minkin v. New York City Dept. of Educ. (Appellate Division of the Supreme Court of New York 2020)
Matter of Irace v. Williams (Appellate Division of the Supreme Court of New York 2019)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order and judgment (one paper), Supreme Court, New York County (Emily Jane Goodman, J.), entered January 14, 2010, which, to the extent appealed from, denied the petition to annul respondents’ determination terminating petitioner’s employment as a probationary teacher and to direct respondents to reinstate his employment with back pay and interest, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner’s challenge to his termination as a probationary teacher is time-barred because it was not brought within four months of the effective date of termination (see CPLR 217 [1]; Matter of Frasier v Board of Educ. of City School Dist. of City of N.Y., 71 NY2d 763 [1988]; Kahn v New York City Dept. of Educ., 79 AD3d 521 [2010], affd 18 NY3d 457 [2012]).

*467Even if the petition was timely, we would find that it was properly dismissed. Petitioner has failed to establish that the termination, which was based on unsatisfactory ratings and his failure to make recommended improvements, was for “a constitutionally impermissible purpose, violative of a statute, or done in bad faith” (Frasier, 71 NY2d at 765; see Curcio v New York City Dept. of Educ., 55 AD3d 438 [2008]). Concur — Mazzarelli, J.P., Sweeny, DeGrasse, Richter and Manzanet-Daniels, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.