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IN THE MATTER OF DAVIS-ELLIOTT v. NEW YORK CITY DEPARTMENT OF EDUCATION

31 A.D.3d 266 (2006)

817 N.Y.S.2d 498

In the Matter of GIGI DAVIS-ELLIOTT, Respondent, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Appellants.

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

July 6, 2006.

The IAS court properly denied respondents' cross motion to dismiss for failure to state a cause of action. The petition sufficiently alleges that the rejection was unlawful in the manner in which respondents considered the factors set forth in Correction Law § 753 (see e.g. Matter of Marra v City of White Plains, 96 A.D.2d 17 [1983]; cf. Matter of Arrocha v Board of Educ. of City of N.Y., 93 N.Y.2d 361...

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