Matter of Zarinfar v. Board of Educ. of the City Sch. Dist. of the City of N.Y.

Appellate Division of the Supreme Court of New York

Matter of Zarinfar v. Board of Educ. of the City Sch. Dist. of the City of N.Y.

127 A.D.3d 496, 4 N.Y.S.3d 530

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

DecidedApril 9, 2015

Docket14754 116457/10

StatusPublished

This text of 127 A.D.3d 496 (Matter of Zarinfar v. Board of Educ. of the City Sch. Dist. of the City of N.Y.) 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

Matter of Zarinfar v. Board of Educ. of the City Sch. Dist. of the City of N.Y., 127 A.D.3d 496, 4 N.Y.S.3d 530 (N.Y. Ct. App. 2015).

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Opinion

Appeal from order, Supreme Court, New York County (Lucy Billings, J.), entered October 30, 2013, which granted the petition to annul respondents’ determination terminating petitioner’s probationary employment, effective August 30, 2010, and reinstating him to his teaching position with retroactive compensation and related entitlements, to the limited extent of granting a further hearing, in this proceeding brought pursuant to CPLR article 78, unanimously dismissed, without costs.

A nonfinal order made in an article 78 proceeding is not appealable as of right because the final judgment that ends the proceeding will be appealable as of right and will bring up for review any nonfinal order that necessarily affects the judgment (see CPLR 5701 [b] [1]; Matter of Spedicato v New York State Div. of Hous. & Community Renewed, 241 AD2d 343, 344 [1st Dept 1997]).

Here, the order, which is nonfinal, did not finally determine whether petitioner’s claim that his termination from the probationary employment was for a constitutionally impermissible reason, violative of statute or in bad faith, in that the court directed a further hearing as to his discrimination claim. Since this appeal addresses that claim, it is premature.

Concur — Tom, J.P., Sweeny, Renwick and Andrias, JJ.

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Appeal from order, Supreme Court, New York County (Lucy Billings, J.), entered October 30, 2013, which granted the petition to annul respondents’ determination terminating petitioner’s probationary employment, effective August 30, 2010, and reinstating him to his teaching position with retroactive compensation and related entitlements, to the limited extent of granting a further hearing, in this proceeding brought pursuant to CPLR article 78, unanimously dismissed, without costs.

A nonfinal order made in an article 78 proceeding is not appealable as of right because the final judgment that ends the proceeding will be appealable as of right and will bring up for review any nonfinal order that necessarily affects the judgment (see CPLR 5701 [b] [1]; Matter of Spedicato v New York State Div. of Hous. & Community Renewed, 241 AD2d 343, 344 [1st Dept 1997]).

Here, the order, which is nonfinal, did not finally determine whether petitioner’s claim that his termination from the probationary employment was for a constitutionally impermissible reason, violative of statute or in bad faith, in that the court directed a further hearing as to his discrimination claim. Since this appeal addresses that claim, it is premature.

Concur — Tom, J.P., Sweeny, Renwick and Andrias, JJ.

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Bluebook (online)

127 A.D.3d 496, 4 N.Y.S.3d 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-zarinfar-v-board-of-educ-of-the-city-sch-dist-of-the-city-of-nyappdiv-2015.

Opinion

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