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IN THE MATTER OF PEARLMAN v. MILLS

24 A.D.3d 837 (2005)

805 N.Y.S.2d 182

In the Matter of DAVID H. PEARLMAN, Respondent, v. RICHARD P. MILLS, as Commissioner of Education of the State of New York, Appellant.

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

December 1, 2005.

MUGGLIN, J.

Petitioner commenced this CPLR article 78 proceeding to challenge respondent's determination denying petitioner a hearing as to his moral character before revoking his teaching and administrator certificates. 8 NYCRR 83.4 (a) contains a 30-day time limit within which a request for a hearing must be made, and petitioner's request was not served on respondent until the 31st day. As a result, petitioner's certificates were revoked, and respondent thereafter...

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