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MATTER OF GROTH v. BOARD OF EDUCATION OF UNIONDALE UNION FREE SCHOOL DISTRICT

34 A.D.3d 807 (2006)

825 N.Y.S.2d 134

In the Matter of WAYNE GROTH, Appellant, v. BOARD OF EDUCATION OF UNIONDALE UNION FREE SCHOOL DISTRICT et al., Respondents.

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

Decided November 28, 2006.

Ordered and adjudged that the judgment is reversed, on the law, with costs, the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits.

The Supreme Court erred in dismissing the proceeding as time-barred. CPLR 217 provides that a proceeding against a body or officer must be commenced within four months of the date when an administrative review becomes final and binding (see Matter...

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