Under Education Law §3020-a both sides may appeal within ten days to the Supreme Court from adverse decision. Such appeals are brought pursuant to Article 75 of the Civil Practice Law and Rules [CPLR].
Appeals brought by non-tenured teachers are tricky. A teacher who has been terminated must bring an Article 78 proceeding in New York Supreme Court within four months, whether or not a C-31 hearing has been held. A separate or additional Article 78 proceedings may be brought after the C-31 hearing If the procedures utilized in the hearing were defective or denied due process.
