Where a regulation permits an employee to rescind his or her resignation the appointing authority's decision should made within a reasonable period of time

Where a regulation permits an employee to rescind his or her resignation the appointing authority's decision should made within a reasonable period of timeJoyce v New York City Dept. of Educ., 2019 NY Slip Op 01183, Appellate Division, First DepartmentIn July 2012 the New York City Department of Education [DOE] rejected an educator's [Teacher] request for rescission of the resignation he had submitted in August 2011. Teacher the initiated an Article 78 action challenging DOE decision and in 2013 Supreme Court ruled in Teacher's favor directed DOE to accept Teacher's request for reinstatement. DOE appealed but the Appellate Division unanimously affirmed the Supreme Court's ruling.For almost four years, however, DOE failed to reinstate Teacher, during which period there was litigation between the parties. However it was not until Teacher filed a motion for contempt did the Chancellor finally respond to, and deny, Teacher's request for reinstatement,…

Read more detail on Recent Administrative Law posts –

This entry was posted in Administrative law and tagged , , , , , , , , , , , , , . Bookmark the permalink.

Leave a Reply