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MATTER OF RUMLEY v. NYC DEPT. OF EDUC. OPI

Index No. 100221/19. Appeal No. 15211. Case No. 2020-01145.

202 A.D.3d 460 (2022)

158 N.Y.S.3d 586

2022 NY Slip Op 00750

In the Matter of Yakik Rumley, Appellant, v. NYC Department of Education OPI, Respondent.

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

Decided February 3, 2022.

Attorney(s) appearing for the Case

Yakik Rumley, appellant pro se.

Georgia M. Pestana , Attorney General, New York ( Geoffrey M. Stannard of counsel), for appellant.

Concur—Kapnick, J.P., Mazzarelli, Gesmer, Kennedy, Pitt, JJ.

In an article 78 proceeding seeking review of an agency determination, the agency which issued the determination must be a named party (see CPLR 1001[a]; Johnson v Scholastic, Inc., 52 A.D.3d 375, 375 [1st Dept 2008]; Matter of Solid Waste Servs., Inc. v New York City Dept. of Envtl. Protection, 29 A.D.3d 318, 319 [1st Dept 2006], lv denied 7 N.Y.3d 710 [2006]). While petitioner...

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