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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 57687
Experience:  Licensed attorney helping employers and employees.
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I'm filing an Article 78 proceeding against the Department

Customer Question

I'm filing an Article 78 proceeding against the Department of Education for the teacher rating I received for the 2014/2015 school year. The article 78 proceedings rules state that the article 78 must be filed "within 4 months of the date you receive the decision." I received the decision in my email box on September 1st 2015 at 10:53 p.m. does that mean that I have until December 1st 2015 10:53 p.m. to file my proceeding, or do I have four months "from"me the date I received the decision, which would be January 1st? Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.

Good morning

Expert:  Infolawyer replied 1 year ago.

You have 4 months from date of receipt, which here would be Jan 1st from facts mentioned. I would not wait until then if possible to allow for amendment if needed.

Expert:  Infolawyer replied 1 year ago.

Best of luck. Kindly let me know if fast and acceptable.