MATTER OF LUBIN v. BD. OF EDUC. OF THE CITY OF NEW YORK


60 N.Y.2d 974 (1983)

In the Matter of Leslie Lubin, Appellant, v. Board of Education of the City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided December 1, 1983.


Attorney(s) appearing for the Case

Eugene M. Kaufman, P. C., for appellant.

Frederick A. O., Schwarz, Jr., Corporation Counsel (Larry A. Sonnenshein of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

CPLR 217 provides that an article 78 proceeding "must be commenced within four months after the determination to be reviewed becomes final and binding upon the petitioner". For a determination to be final it must be clear that the petitioner seeking review has been aggrieved by it (Matter of Martin v Ronan, 44 N...

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