MATTER OF CAPONE v. BOARD OF EDUCATION OF LAFAYETTE CENTRAL SCHOOL DISTRICT


266 A.D.2d 879 (1999)

697 N.Y.S.2d 895

In the Matter of MARY A. CAPONE, Petitioner, v. BOARD OF EDUCATION OF LAFAYETTE CENTRAL SCHOOL DISTRICT, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided November 12, 1999.


Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

In this CPLR article 78 proceeding transferred to us pursuant to CPLR 7804 (g) petitioner challenges a determination by respondent denying her retroactive retirement benefits under Retirement and Social Security Law § 803. Although the determination was reached after a hearing, the case should not have been transferred because the hearing was not required by law (

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