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STEPPER v. DEPARTMENT OF EDUC. OF THE CITY OF N.Y.

8125, 115721/10.

104 A.D.3d 412 (2013)

963 N.Y.S.2d 168

2013 NY Slip Op 1358

PHYLLIS MURIEL STEPPER, Appellant, v. DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK et al., Respondents.

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

March 5, 2013.

The motion court correctly determined that the City of New York was an improper party to the action (see e.g. Perez v City of New York, 41 A.D.3d 378 [1st Dept 2007], lv denied 10 N.Y.3d 708 [2008]). The motion court also correctly determined that to the extent plaintiff challenged the unsatisfactory rating she received following the 2007-2008 school year, those allegations were time-barred (Education Law § 3813 [2-b...

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