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MATTER OF JUSTE v. KLEIN

4750, 116017/08.

83 A.D.3d 468 (2011)

919 N.Y.S.2d 852

In the Matter of VALERY JUSTE, Appellant, v. JOEL I. KLEIN, Chancellor of the Department of Education, et al., Respondents.

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

Decided April 12, 2011.

While Supreme Court properly dismissed the petition, it should have done so based on petitioner's failure to file the petition within the 10-day period set forth in section 3020-a (5) (see Matter of Watkins v Board of Educ. of Port Jefferson Union Free School Dist., 26 A.D.3d 336, 337-338 [2006]).

In view of the foregoing, we need not reach petitioner's remaining...

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