Supreme Court erred in dismissing the petition as an untimely commenced article 78 proceeding and rejecting petitioner's claim that it was actually a hybrid action under 42 USC § 1983, which provides for a three-year statute of limitations. Petitioner denominated this matter as an article 78 proceeding, but asserted that she was a tenured teacher with respondent New York City Department of Education (DOE), which improperly terminated her in violation of her rights to...
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