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DONOGHUE v. NEW YORK CITY DEPARTMENT OF EDUCATION

4121, 104684/09.

80 A.D.3d 535 (2011)

915 N.Y.S.2d 547

JANICE A. DONOGHUE, Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Formerly Known as NEW YORK CITY BOARD OF EDUCATION, et al., Respondents.

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

Decided January 27, 2011.

Contrary to respondents' claim, this appeal is not moot, as petitioner has not obtained all of the relief she seeks.

Article 78 is not limited to review of administrative determinations since a court also has subject matter jurisdiction to review a body's or officer's failure to act (see CPLR 7801, 7803 [1]). On March 6, 2009, petitioner asked respondent New York City Department of Education (DOE) to retroactively...

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