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

Index No. 153934/21 Appeal No. 1174 Case No. 2023-01472.

222 A.D.3d 445 (2023)

199 N.Y.S.3d 71

2023 NY Slip Op 06324

In the Matter of Alice S. Wagner, Respondent, v. New York City Department of Education et al., Appellants.

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

Decided December 7, 2023.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Jennifer Lerner of counsel), for appellants.

Stewart Lee Karlin Law Group P.C., New York ( Daniel E. Dugan of counsel), for respondent

Concur—Webber, J.P., Scarpulla, Pitt-Burke, Rosado, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Frank P. Nervo, J.), entered November 15, 2022, which, to the extent appealed from as limited by the briefs, granted in part the petition in this hybrid CPLR article 78 proceeding and declared petitioner tenured by estoppel, unanimously reversed, on the law, without costs, the petition denied, and the proceeding brought pursuant to CPLR article 78 dismissed.

This CPLR article 78 proceeding was time barred as it was commenced...

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