Matter of Adelana v New York City Dept. of Educ.
2021 NY Slip Op 02976 [194 AD3d 463]
May 11, 2021
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 30, 2021


[*1]
 In the Matter of Bababunmi Adelana, Appellant,
v
New York City Department of Education et al., Respondents.

Glass Harlow & Hogrogian LLP, New York (Bryan D. Glass of counsel), for appellant.

James E. Johnson, Corporation Counsel, New York (Lorenzo Di Silvio of counsel), for respondents.

Judgment (denominated an order), Supreme Court, New York County (Melissa A. Crane, J.), entered May 28, 2020, denying the petition to annul a determination of respondents, dated May 20, 2019, which terminated petitioner's employment as a teacher, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The court properly determined that to the extent the petition sought to challenge respondents' denial of petitioner's request to withdraw her prior resignation, such challenge was untimely (see CPLR 217 [1]). Accordingly, we do not reach the parties' arguments concerning whether respondents correctly applied New York City Board of Education Chancellor's Regulation C-205.

The court also properly concluded that petitioner failed to meet her burden of demonstrating, by competent proof, that a substantial issue of bad faith existed warranting a hearing (see generally Matter of Che Lin Tsao v Kelly, 28 AD3d 320, 321 [1st Dept 2006]). The documentary evidence, performance evaluations and petitioner's attendance issues support the determination that the discontinuance of petitioner's probationary service was not made in bad faith (see Matter of Hirji v Chase, 151 AD3d 857, 858 [2d Dept 2017]; and see Matter of Brown v Board of Educ. of the City Sch. Dist. of the City of N.Y., 156 AD3d 451, 452 [1st Dept 2017]). Concur—Kern, J.P., González, Scarpulla, Mendez, JJ.