MATTER OF THOMAS v. NEW YORK CITY DEPT. OF EDUC.

7129, 100711/11.

96 A.D.3d 401 (2012)

946 N.Y.S.2d 114

2012 NY Slip Op 4280

In the Matter of JOSEPHINE THOMAS, Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents.

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

June 5, 2012.


The court correctly determined that Education Law § 2560, which incorporates by reference General Municipal Law § 50-k, and Education Law § 3028, do not conflict and should be read together and "applied harmoniously and consistently" (Alweis v Evans, 69 N.Y.2d 199, 204 [1987]). "It is the duty of the courts to so construe two statutes that they will be in harmony, if that can be done without violating the established...

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