No. Antionette Myers, an 11 year tenured teacher with an unblemished record was found, after a 3020-a hearing, to have committed verbal abuse and was terminated. She did not receive the notice of her arbitrator’s decision until December 17. 2010. She filed her appeal in Court on December 28, 2010, eleven days later. She claimed that there was severe weather on December 27th which made her ability to file on the tenth day extremely difficult.
While Justice Judith Gisch found sympathy in Myers’ predicament the Court ruled that the 10 day period was neither waivable nor excusable. Gisch dismissed the appeal without ruling on its merits.
ANTOINETTE MYERS, Petitioner, -against- CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF EDUCATION; JOEL I. KLEIN CHANCELLOR OF NEW YORK CITY DEPARTMENT OF EDUCATION, Respondents. For a Judgment under Article 78 Of the Civil Practice Law and Rules. Index No.: 116672/10, SUPREME COURT OF NEW YORK, NEW YORK COUNTY, 2011 NY Slip Op 31871U; 2011 N.Y. Misc. LEXIS 3390, July 5, 2011, Decided