HE COULDN'T CONTROL THE AD1 EITHER!

In Matter of Andersen v. Klein, James Anderson challenged his employment's termination by filing a special lawsuit against Joel I. Klein, Chancellor of the New York City Board of Education (BOE).

Andersen received a year-end "unsatisfactory rating" -- due to his inability to manage his classroom -- and his school's principal suggested that he be fired. On October 29, 2004, the local Superintendent agreed with the recommendation and the termination became effective.

After it reviewed the evidence, a New York County Supreme Court ordered the school system to remove the unsatisfactory rating from Andersen's record and directed he be reinstated to his position.

On appeal, the Appellate Division, First Department, found the teacher had only four months within which he could seek judicial review and the time began to run when he received the Superintendent's October 29, 2004 letter -- even though the BOE's administrative review of the matter wasn't completed until September 16, 2005.

Because Andersen filed his case in January of 2006, more than a year after receipt of the October 29, 2004 correspondence, his suit was "time-barred" and not maintainable.

Even if that time limit had been ignored, the AD1 was of the opinion that Anderson's termination was "rationally supported by the evidence."

Dismissed! To download a copy of the Appellate Division's decision, please use this link: Matter of Andersen v. Klein