MULCAHY v. NEW YORK CITY DEPT. OF EDUC.

8271, 108422/10.

99 A.D.3d 535 (2012)

952 N.Y.S.2d 164

2012 NY Slip Op 6851

IRENE MULCAHY, Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Respondent.

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

October 11, 2012.


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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