SIINO v. DEPT. OF EDUCATION

Plaintiff's causes of action accrued, at the latest, when she was dismissed from her position as a tenured teacher with the New York City public school system ( see Matter of McCain v Fernandez, 226 AD2d 380, 381, Iv denied 88 NY2d 806), more than seven years before she commenced the action. Accordingly, the action is time-barred by the one-year statute of limitations in Education Law § 3813 (2-b) ( see North Salem Cent. School Dist. v Mahopac Cent. School Dist., 1 AD3d 418, 419, Iv denied 1 NY3d 620). The action is also barred by the judgment in DOE's favor in a prior federal proceeding that also involved plaintiff's termination of employment ( see Thomas v City of New York, 239 AD2d 180; Pauk v Board of Trustees of City Univ. of NY, 111 AD2d 17, 20, aff'd 68 NY2d 702). We note that DOI is not a proper party ( see NY City Charter §§ 396, 803).