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IN THE MATTER OF MICALLEF v. BOARD OF EDUCATION OF OSSINING UNION FREE SCHOOL DISTRICT

13 A.D.3d 455 (2004)

785 N.Y.S.2d 706

In the Matter of JEAN MICALLEF, Petitioner, v. BOARD OF EDUCATION OF THE OSSINING UNION FREE SCHOOL DISTRICT et al., Respondents.

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

December 13, 2004.

Adjudged that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements.

Preliminarily, we note that where, as here, the administrative agency was not required by law to conduct a hearing (see Retirement and Social Security Law § 803 [b] [3]), the proceeding should not have been transferred to this Court pursuant to CPLR 7804 (g) (see Matter of Capone v Board of Educ. of Lafayette Cent. School Dist.,

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