OLIVER SCH. v. SOBOL


147 Misc.2d 622 (1990)

Oliver Schools, Inc., Petitioner, v. Thomas Sobol, as Commissioner of the New York State Education Department, Respondent.

Supreme Court, Albany County.

June 28, 1990


Attorney(s) appearing for the Case

Henry E. Wyman for petitioner. Robert Abrams, Attorney-General (Lawrence L. Doolittle of counsel), for respondent.


JOSEPH HARRIS, J.

Petitioner moves for a judgment pursuant to CPLR article 78, annulling a determination made by respondent, dated October 26, 1989, and to award petitioner incidental damages in the amount of $207,354.12.

The determination, made October 26, 1989, was not conveyed to petitioner until November 15, 1989; under the circumstances, due process mandates that the commencement of the four-month...

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