MATTER OF FAGER v. BOARD OF EDUCATION

CA 09-02367.

73 A.D.3d 1458 (2010)

899 N.Y.S.2d 719

In the Matter of KEVIN FAGER et al., Appellants, v. BOARD OF EDUCATION, ROCHESTER CITY SCHOOL DISTRICT, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided May 7, 2010.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, the petition is reinstated and respondent is granted 20 days after service of the order of this Court with notice of entry to serve and file an answer.

Memorandum: Supreme Court erred in granting respondent's motion to dismiss the petition in this CPLR article 78 proceeding as time-barred, and we therefore reverse. "A CPLR article 78 proceeding...

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