Combier v City of New York

Combier v City of New York 2008 NY Slip Op 09486 [57 AD3d 248] December 4, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

Betsy Combier, Appellant,
v
City of New York et al., Respondents.

—[*1] Betsy Combier, appellant pro se.

Michael A. Cardozo, Corporation Counsel, New York (Karen M. Griffin of counsel), for respondents.

Order, Supreme Court, New York County (Karen S. Smith, J.), entered October 3, 2007, which denied plaintiff's motion to compel disclosure and granted defendants' cross motion to dismiss the complaint, unanimously affirmed, without costs.

Even were the complaint construed to be a CPLR article 78 petition alleging refusal to furnish requested Parents Association financial records in violation of New York City Department of Education, Chancellor's Regulation A-660, it would have to be dismissed for failure to exhaust the grievance procedures set forth in the pertinent regulation (see Villalba v New York City Dept. of Educ., 50 AD3d 279 [2008]). Concur—Mazzarelli, J.P., Friedman, Gonzalez and Sweeny, JJ.