ADMINISTRATIVE PROCEEDING WAS FILED SOME 8 DAYS LATE
When MF requested a religious accommodation from the NYC Board of Education’s vaccination mandate, not only was she denied same on March 7, 2022, by the City of New York Reasonable Accommodation Appeals Panel, but her subsequent challenge, filed with the New York County Supreme Court pursuant to CPLR Article 78, was similarly rebuffed.
On appeal, the Appellate Division, First Department, noted that MF’s Supreme Court proceeding was “time barred,” as it had been filed on July 15, 2022, but her right to challenge the underlying determination expired on July 7, 2022, some eight days earlier (which marked four months after the city’s March 7 determination (denying her relief)).
Given that 8-day lapse, the AD1 was of the view the matter had been appropriately decided and left the dismissal undisturbed.
That wasn’t accommodating at all.
# # #
DECISION
Matter of F. v Board of Educ. of the City Sch. Dist. of the City of N.Y.