KAHN v. DEPARTMENT OF EDUC.

112312/08

26 Misc.3d 366 (2009)

887 N.Y.S.2d 435

2009 NY Slip Op 29410

LESLIE KAHN, Petitioner, v. DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK et al., Respondents.

Supreme Court, New York County.

Decided September 8, 2009.


Attorney(s) appearing for the Case

New York Civil Liberties Union, New York City (Arthur N. Eisenberg and Adriana C. Pinon of counsel), for petitioner.

Michael A. Cardozo, Corporation Counsel, New York City (Courtney B. Stein and Basil C. Sitaras of counsel), for respondents.


OPINION OF THE COURT

ALICE SCHLESINGER, J.

This CPLR article 78 proceeding presents the challenging issue of determining the precise reach of the decision by the Court of Appeals in Matter of Frasier v Board of Educ. of City School Dist. of City of N.Y. (71 N.Y.2d 763 [1988]). Other significant issues are also raised. The predicate facts are as follows.

Petitioner Leslie Kahn began working with the New York...

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