Combier v. City of N.Y

Full title: BETSY COMBIER, Appellant, v. CITY OF NEW YORK et al., Respondents

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 4, 2008

57 A.D.3d 248 (N.Y. App. Div. 2008)

2008 N.Y. Slip Op. 9485

867 N.Y.S.2d 680

Opinion

No. 4747

December 4, 2008.

Order, Supreme Court, New York County (Karen S. Smith, J.), entered October 3, 2007, which denied plaintiffs motion to compel disclosure and granted defendants' cross motion to dismiss the complaint, unanimously affirmed, without costs.

Richard M. Greenberg, Office of the Appellate Defender, New York (Gregory S. Chiarello of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Dana Poole of counsel), for respondent.

Before: Mazzarelli, J.P., Friedman, Gonzalez and Sweeny, JJ.

Even were the complaint construed to be a CPLR article 78 petition alleging refusal to furnish requested Parents Association financial records in violation of New York City Department of Education, Chancellor's Regulation A-660, it would have to be dismissed for failure to exhaust the grievance procedures set forth in the pertinent regulation ( see Villalba v New York City Dept. of Educ., 50 AD3d 279).