Opinion
June 15, 1992
Appeal from the Supreme Court, Kings County (Hutcherson, J.).
Ordered that the order and judgment is affirmed, without costs or disbursements.
In June 1989, after the petitioner's first year of teaching, he received an overall performance rating of unsatisfactory on his Individual Rating Report. Thereafter, the Chancellor, upon the recommendation of the Superintendent of Schools, informed the petitioner by letter dated July 11, 1989, that effective September 4, 1989, the petitioner's probationary employment was terminated. The Chancellor also informed the petitioner that, pursuant to the collective bargaining between the Board of Education of the City of New York (hereinafter the Board of Education) and the United Federation of Teachers, the petitioner was entitled to review under Board of Education By-law § 5.3.4. A hearing was held on October 11, 1989. On November 9, 1989, the petitioner received written notification from the Chancellor that, after careful consideration of the petitioner's case, he had reaffirmed his original decision to discontinue the petitioner's probationary employment.
By petition dated January 5, 1990, and stamped received by the Board of Education on January 9, 1990, the petitioner commenced the instant proceeding. Since the petitioner received notice of the determination discharging him in July 1989, and that determination went into effect on September 4, 1989, this petition, having been served more than four months after September 4, 1989, was untimely under CPLR 217 (see, Matter of De Milio v. Borghard, 55 N.Y.2d 216; Matter of Robertson v. Board of Educ., 175 A.D.2d 836; Matter of Jones v. Board of Educ., 159 A.D.2d 506).
There is no merit to the petitioner's argument that the review of this administrative determination served to extend the four month limitations period (see, Matter of Frasier v. Board of Educ., 71 N.Y.2d 763, 766-767; Matter of Robertson v. Board of Educ., supra).
We have considered the petitioner's remaining contentions and find them to be without merit. Rosenblatt, J.P., Miller, Ritter and Pizzuto, JJ., concur. [As amended by order entered Feb. 19, 1993.]