Justice Alexander Hunter Jr.
Interim acting principal Olden-Camiolo sought a declaration that the Department of Education (DOE) acted arbitrarily and outside the bounds of law by constructively discharging her by forcing her to resign. DOE cross-moved for dismissal of the petition arguing it was time-barred and failed to state a cause of action. The court noted an interim acting principal must commence a special proceeding within four months of the date of effective termination of probationary employment. It stated this proceeding was not timely commenced within four months of the date when Olden-Camiolo’s probationary employment was terminated. The court ruled petitioner incorrectly claimed the statute of limitations was tolled from the commencement date of the action to obtain leave of court to file a notice of claim, until such consent was obtained. It stated as Olden-Camiolo sought equitable relief, she was not prohibited from starting the proceeding until after filing a notice of claim. Also, to the extent petitioner sought monetary compensation in the form of leave, lost benefits or past and future income, such relief was ancillary to the equitable relief of reinstatement to a principal position. As such, the court concluded the action was time-barred.
