In granting defendants' motion to dismiss, the motion court found that plaintiff's claims are time-barred because the complaints filed in this consolidated action were not filed within 10 days of the arbitrator's determination as required by Education Law § 3020-a (5). However, plaintiff commenced the action before the arbitrator's ruling was issued. Accordingly, the prudent course would have been to convert the instant action to an article 75 proceeding and to consider...
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