MATTER OF PAUL v. NEW YORK CITY DEPT. OF EDUCATION

2603, 104258/12.

146 A.D.3d 705 (2017)

2017 NY Slip Op 00580

47 N.Y.S.3d 264

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

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

Decided January 31, 2017.


As a threshold matter, this proceeding was transferred to this Court erroneously. Since the administrative hearing held pursuant to Chancellor's Regulation C-100 was not a hearing "pursuant to direction by law," no substantial evidence issue is raised (CPLR 7803 [4]; 7804 [g]; Matter of Duncan v Klein, 38 A.D.3d 380 [1st Dept 2007]). We decide the matter on the merits in the interest of judicial economy (see Matter of Pagan v...

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