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

Index No. 102028/2016. Appeal No. 11878-11878A. Case Nos. 2019-2719, 2019-04295.

186 A.D.3d 1159 (2020)

129 N.Y.S.3d 333

2020 NY Slip Op 05141

In the Matter of Alina Esther Minkin, Appellant, v. New York City Department of Education et al., Respondents.

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

Decided September 29, 2020.

Supreme Court properly found that petitioner failed to exhaust her administrative remedies with respect to the "ineffective" rating in her evaluation (see Watergate II Apts. v Buffalo Sewer Auth., 46 N.Y.2d 52, 57 [1978]; Matter of Nayci Contr. Assoc., LLC v New York City Dept. of Consumer Affairs, 170 A.D.3d 435 [1st Dept 2019]). Petitioner brought this article 78 proceeding while the underlying administrative appeal of her...

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