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SEDGWICK v. NEW YORK CITY DEPT. OF EDUC.

Index No. 300073/19. Appeal No. 135. Case No. 2022-04135.

215 A.D.3d 607 (2023)

188 N.Y.S.3d 33

2023 NY Slip Op 02194

Andrew Heath Sedgwick, Appellant, v. New York City Department of Education, Respondent.

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

Decided April 27, 2023.

Attorney(s) appearing for the Case

Andrew Sedgwick, appellant pro se.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( D. Alan Rosinus, Jr. of counsel), for respondent.

Concur—Webber, J.P., Moulton, Scarpulla, Mendez, Rodriguez, JJ.

Order, Supreme Court, Bronx County (Paul L. Alpert, J.), entered on or about July 15, 2022, which granted defendant's motion to dismiss plaintiff pro se's first amended complaint, unanimously affirmed, without costs.

We affirm, but for reasons different from those provided by the motion court. Plaintiff's claim, which he filed in June 2017, was untimely filed and dismissal was appropriate on that basis alone. Plaintiff styles his claim as a Labor Law § 198 claim...

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