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Wagner v. N.Y.C. Dep't of Educ.

Supreme Court of New York, First Department
Dec 7, 2023
222 A.D.3d 445 (N.Y. App. Div. 2023)

Opinion

1174 Index No. 153934/21 Case No. 2023–01472

12-07-2023

In the Matter of Alice S. WAGNER, Petitioner–Respondent, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents–Appellants.

Sylvia O. Hinds–Radix, Corporation Counsel, New York (Jennifer Lerner of counsel), for appellants. Stewart Lee Karlin Law Group P.C., New York (Daniel E. Dugan of counsel), for respondent


Sylvia O. Hinds–Radix, Corporation Counsel, New York (Jennifer Lerner of counsel), for appellants.

Stewart Lee Karlin Law Group P.C., New York (Daniel E. Dugan of counsel), for respondent

Webber, J.P., Scarpulla, Pitt–Burke, Rosado, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Frank P. Nervo, J.), entered November 15, 2022, which, to the extent appealed from as limited by the briefs, granted in part the petition in this hybrid CPLR article 78 proceeding and declared petitioner tenured by estoppel, unanimously reversed, on the law, without costs, the petition denied, and the proceeding brought pursuant to CPLR article 78 dismissed.

This CPLR article 78 proceeding was time barred as it was commenced more than four months after the New York City Department of Education's (DOE) determination (see CPLR 217[1], Matter of Triana v. Board of Educ. of City School Dist. of City of N.Y., 47 A.D.3d 554, 558, 849 N.Y.S.2d 569 [1st Dept. 2008] ). DOE's cross motion to dismiss on statute of limitations grounds should have been granted.


Summaries of

Wagner v. N.Y.C. Dep't of Educ.

Supreme Court of New York, First Department
Dec 7, 2023
222 A.D.3d 445 (N.Y. App. Div. 2023)
Case details for

Wagner v. N.Y.C. Dep't of Educ.

Case Details

Full title:In the Matter of Alice S. Wagner, Petitioner-Respondent, v. New York City…

Court:Supreme Court of New York, First Department

Date published: Dec 7, 2023

Citations

222 A.D.3d 445 (N.Y. App. Div. 2023)
2023 N.Y. Slip Op. 6324
199 N.Y.S.3d 71

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