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MATTER OF CENTER FOR DISCOVERY, INC. v. NEW YORK CITY DEPT. OF EDUC.

10458. 160157/16.

178 A.D.3d 432 (2019)

111 N.Y.S.3d 174

2019 NY Slip Op 08624

In the Matter of The Center for Discovery, Inc., Respondent, v. New York City Department of Education, Appellant.

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

Decided December 3, 2019.

Attorney(s) appearing for the Case

Georgia M. Pestana , Acting Corporation Counsel, New York ( Barbara Graves-Poller of counsel), for appellant.

Moritt Hock & Hamroff LLP, Garden City ( Robert L. Schonfeld of counsel), for respondent.

Concur—Friedman, J.P., Oing, Singh, Moulton, JJ.

The New York State Education Department and the Office for People with Developmental Disabilities are not necessary parties to this CPLR article 78 proceeding (CPLR 1001[a]; see Matter of Samy F. v Fabrizio, 176 A.D.3d 44, 48 [1st Dept 2019]). Petitioner in this proceeding seeks no relief as against either of those agencies, and those agencies will not be equitably affected by the disposition of this petition.

The court properly determined that the relevant...

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