An Education Law §3813(1) "Notice of Claim" is required only in the event money damages are sought
An Education Law §3813(1) "Notice of Claim" is required only in the event money damages are sought Civil Serv. Employees Assn., Inc. v Board of Educ. of City of Yonkers, 2011 NY Slip Op 06211, Appellate Division, Second Department The Civil Service Employees Association filed an Article 78 petition seeking a court order directing "specific performance" of a collective bargaining agreement. The Appellate Division sustained Supreme Court's disposition of CSEA's petition, explaining that as CSEA was only seeking equitable relief, and not money damages, it was not required to serve a notice of claim under Education Law §3813(1).* As to Supreme Court's rejection of CSEA's motion to convert the action to a declaratory judgment action, the Appellate Division ruled that there is only one form of civil action so there is no need to convert this action in order for CSEA to seek declaratory relief. * Service of a notice of claim within 90 days after accrual of the claim is a condition precedent to the commencement of an action against a school district (Matter of Surdo v Levittown Pub. School Dist., 41 AD3d 486, Education Law §3813; General Municipal Law §50-e[a]).
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- Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First Department The Appellate Division annulled the determination of respondent New York City Department of Education [DOE] sustaining the "unsatisfactory" rating for the 2010-2011 academic year give to John Joyce, a tenured teacher. The court said that the record demonstrates "deficiencies in the performance review process" that resulted in Mr. Joyce being given an unsatisfactory rating for the 2010-2011 academic year. Citing Matter of Gumbs v Board of Educ. of the City Sch. Dist. of the City of N.Y., 125 AD3d 484, and Matter of Richards v Board of Educ. of the City Sch. Dist. of the City of N.Y., 117 AD3d 605, the Appellate Division noted that these deficiencies "were not merely technical, but undermined the integrity and fairness of the process." Mr. Joyce had received a satisfactory rating for the previous academic year and, in contravention of its own procedures, DOE failed to place him on notice that he was in danger of receiving an unsatisfactory rating for the 2010-2011 academic year until after April 28, 2011. Although DOE's procedures required that tenured teachers in danger of receiving an unsatisfactory rating have "formal observations including a pre-observation and post-observation conference by the principal … as part of a prescriptive plan to improve their teaching," Mr. Joyce received only one formal observation which took place one week before the end of the academic year and was not part of a prescriptive plan to improve his performance as a teacher. The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_03433.htm
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