MATTER OF LEVINE v. BOARD OF EDUCATION OF CITY OF NEW YORK


272 A.D.2d 328 (2000)

707 N.Y.S.2d 475

In the Matter of MARTIN LEVINE, Appellant, v. BOARD OF EDUCATION OF CITY OF NEW YORK et al., Respondents.

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

Decided May 1, 2000.


Ordered that the judgment is affirmed, with costs.

A proceeding pursuant to CPLR article 78 must be commenced within four months after the determination to be reviewed becomes final and binding (see, CPLR 217; Matter of Lubin v Board of Educ., 60 N.Y.2d 974, 976). Where, as here, the petitioner's remedy is in the nature of mandamus to review, the determination becomes final and binding on the date that the termination...

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