MATTER OF MARTIN v. DEPARTMENT OF EDUC. OF CITY OF N.Y.

7926. 652851/15.

167 A.D.3d 545 (2018)

89 N.Y.S.3d 78

2018 NY Slip Op 09018

In the Matter of Lorna Martin, Appellant, v. Department of Education of the City of New York, Respondent, et al., Respondent.

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

Decided December 27, 2018.


The petition is untimely, since plaintiff failed to commence this CPLR article 75 proceeding within 10 days of her receipt of the Hearing Officer's decision (Education Law § 3020-a [5] [a]).

Although the hearing was not completed within 125 days (Education Law § 3020-a [3] [c] [vii]) and the arbitration award was not issued within 30 days of the last day of the hearing (Education Law § 3020-a [4] [a]), petitioner has not shown that she suffered prejudice...

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