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

12657, 102539/10.

118 A.D.3d 450 (2014)

987 N.Y.S.2d 344

2014 NY Slip Op 4055

In the Matter of ARETHA GABRIEL, Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Respondent.

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

Decided June 5, 2014.


Much of the evidence that petitioner submitted on her motion to renew had been submitted by her in support of the petition and therefore was not "new" (CPLR 2221 [e] [2]; see Melcher v Apollo Med. Fund Mgt. L.L.C., 105 A.D.3d 15, 23 [1st Dept 2013]). Insofar as any of the evidence was new but could have been presented in opposition to respondent's motion to dismiss, petitioner offered no justification for the failure to present the...

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