Kaplan v. Board of Education of the East Ramapo Central School District

Appellate Division of the Supreme Court of New York

Kaplan v. Board of Education of the East Ramapo Central School District

60 A.D.2d 602, 400 N.Y.S.2d 128, 1977 N.Y. App. Div. LEXIS 14563

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 12, 1977

StatusPublished

This text of 60 A.D.2d 602 (Kaplan v. Board of Education of the East Ramapo Central School District) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kaplan v. Board of Education of the East Ramapo Central School District, 60 A.D.2d 602, 400 N.Y.S.2d 128, 1977 N.Y. App. Div. LEXIS 14563 (N.Y. Ct. App. 1977).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to compel respondents to reinstate petitioner to her former position as a tenured teacher, the appeal is from a judgment of the Supreme Court, Rockland County, dated June 8, 1977, which dismissed the proceeding as barred by the four-month Statute of Limitations (see CPLR 217). Judgment affirmed, without costs or disbursements. Appellant’s right to relief is barred by the four-month Statute of Limitations (see CPLR 217), even if computed from September 16, 1976, the date she was relieved as a substitute teacher, since, in her verified reply, she admits that: "When petitioner was rehired in September of 1976, she first became aware that in fact, respondents had not complied with the provisions of the Education Law in abolishing positions in good faith.” This article 78 proceeding was not commenced until January 28 or 31, 1977. Hopkins, J. P., Rabin, Shapiro and O’Connor, JJ., concur.

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In a proceeding pursuant to CPLR article 78, inter alia, to compel respondents to reinstate petitioner to her former position as a tenured teacher, the appeal is from a judgment of the Supreme Court, Rockland County, dated June 8, 1977, which dismissed the proceeding as barred by the four-month Statute of Limitations (see CPLR 217). Judgment affirmed, without costs or disbursements. Appellant’s right to relief is barred by the four-month Statute of Limitations (see CPLR 217), even if computed from September 16, 1976, the date she was relieved as a substitute teacher, since, in her verified reply, she admits that: "When petitioner was rehired in September of 1976, she first became aware that in fact, respondents had not complied with the provisions of the Education Law in abolishing positions in good faith.” This article 78 proceeding was not commenced until January 28 or 31, 1977. Hopkins, J. P., Rabin, Shapiro and O’Connor, JJ., concur.

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Bluebook (online)

60 A.D.2d 602, 400 N.Y.S.2d 128, 1977 N.Y. App. Div. LEXIS 14563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaplan-v-board-of-education-of-the-east-ramapo-central-school-district-nyappdiv-1977.