New York Court of Appeals, 1983

Lubin v. Board of Education

New York Court of Appeals · Decided December 1, 1983

60 N.Y.2d 974; 459 N.E.2d 481; 471 N.Y.S.2d 256; 1983 N.Y. LEXIS 3592

Cases that cite this one

73 later published cases cite this decision. The 25 that cite it most often are listed here.

Essex County v. Zagata (Appellate Division of the Supreme Court of New York 1997)
Bradstreet v. Rochester (District Court, W.D. New York 2024)
Matter of SUNCO Holding Corp. v. Town of Vestal (Appellate Division of the Supreme Court of New York 2022)
Matter of Barrett v. Russ (Appellate Division of the Supreme Court of New York 2021)
Matter of Barrett v. Russ (Appellate Division of the Supreme Court of New York 2021)
Matter of Piliero v. Eastchester Fire Dist. (Appellate Division of the Supreme Court of New York 2020)
Matter of Seiler v. Crandall (Appellate Division of the Supreme Court of New York 2020)
Matter of Imandt v. New York State Unified Ct. Sys. (Appellate Division of the Supreme Court of New York 2019)
Matter of Zherka v. Ramos (Appellate Division of the Supreme Court of New York 2019)
Matter of Stewart v. New York City Dept. of Educ. (Appellate Division of the Supreme Court of New York 2019)
Matter of Salomon v. Town of Wallkill (Appellate Division of the Supreme Court of New York 2019)
Matter of Commodore Constr. Corp. v. Contract Dispute Resolution Bd. of the City of N.Y. (Appellate Division of the Supreme Court of New York 2018)
Tornheim v. Fiala (Appellate Division of the Supreme Court of New York 2016)
Matter of Durham v. Berlin (Appellate Division of the Supreme Court of New York 2015)
Matter of Orange County Economic Development Corporation v. State of New York Authorities Budget Office (Appellate Division of the Supreme Court of New York 2015)
Matter of Mendez v. New York City Dept. of Educ. (Appellate Division of the Supreme Court of New York 2015)
Matter of Reilly v. Farley (Appellate Division of the Supreme Court of New York 2014)
Bashir v. Environmental Control Board (Appellate Division of the Supreme Court of New York 2014)
Bashir v. Environmental Control Board (Appellate Division of the Supreme Court of New York 2014)
Caslin v. Nassau County Civil Service Commission (Appellate Division of the Supreme Court of New York 2013)
Caslin v. Nassau County Civil Service Commission (Appellate Division of the Supreme Court of New York 2013)
Silvestri v. Hubert (Appellate Division of the Supreme Court of New York 2013)
Silvestri v. Hubert (Appellate Division of the Supreme Court of New York 2013)
Hurwitz v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2012)
Surton Construction Contracting Corp. v. New York City School Construction Authority (Appellate Division of the Supreme Court of New York 2011)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

CPLR 217 provides that an article 78 proceeding “must be commenced within four months after the determination to be reviewed becomes final and binding upon the petitioner”. For a determination to be final it must be clear that the petitioner seeking review has been aggrieved by it (Matter of Martin v Ronan, 44 NY2d 374, 380). Petitioner was informed on April 21, 1976 that his services were being terminated for failure to meet the requirements of his 1972 license. Petitioner clearly was aggrieved by this determination and his failure to commence a proceeding within four months requires dismissal of this proceeding. Inasmuch as petitioner’s appointment was based on his 1972 license, respondents’ misstatements and subsequent clarification concerning petitioner’s 1973 license cannot be viewed as relevant to respondents’ decision, in 1976 to rescind petitioner’s 1972 license and terminate his services. In addition, petitioner’s direction of correspondence to respondents, which can be viewed, at most, as a request for reconsideration, does not toll or revive the Statute of Limitations (see Matter of De Milio v Borghard, 55 NY2d 216). Finally, petitioner’s contention that his invocation of a grievance proceeding, which was determined not to be available under the United Federation of Teachers collective bargaining agreement, tolled the Statute of Limitations also is unavailing.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

*977On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.

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