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PAGAN v. BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK

56 A.D.3d 330 (2008)

YVONNE PAGAN, Appellant, v. BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK et al., Respondents.

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

November 18, 2008.

Plaintiff's complaint, although asserting breach of contract claims, sought a declaration that the termination of her employment as a New York City public school teacher was null and void and requested reinstatement with back pay. Such claims are fundamentally premised upon the contention that the administrative determination terminating her employment was wrongful, and accordingly, should have been brought in a proceeding pursuant to CPLR article 78 (see Todras v City...

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