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KINGSTON v. THE SOPHIE DAVIS SCHOOL OF BIOMEDICAL EDUCATION

4211, 107425/09.

81 A.D.3d 565 (2011)

917 N.Y.S.2d 567

ROLANDA KINGSTON, Appellant, v. THE SOPHIE DAVIS SCHOOL OF BIOMEDICAL EDUCATION, Respondent.

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

Decided February 24, 2011.

Petitioner failed to commence this proceeding within four months after she received notice of the denial of her final administrative appeal. Thus, the proceeding is time-barred (see CPLR 217 [1]; Matter of Best Payphones, Inc. v Department of Info. Tech. & Telecom. of City of N.Y., 5 N.Y.3d 30, 34 [2005]).

Were we to consider the merits, we would find, that in light of petitioner's marginal academic record...

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