Matter of Juste v Klein

Matter of Juste v Klein 2011 NY Slip Op 02916 Decided on April 12, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 12, 2011
Gonzalez, P.J., Sweeny, Moskowitz, Renwick, Richter, JJ.
4750 116017/08

[*1]In re Valery Juste, Petitioner-Appellant,

v

Joel I. Klein, Chancellor of the Department of Education, et al., Respondents-Respondents.



 
Raymond E. Kerno, Mineola, for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Karen
M. Griffin of counsel), for respondents.

Order and judgment (one paper), Supreme Court, New York County (Marilyn Shafer, J.), entered August 6, 2009, which, among other things, denied the petition to vacate a hearing officer's determination, dated November 4, 2008, which found petitioner teacher guilty of various charges and recommended the termination of her employment with respondents, and dismissed the proceeding brought pursuant to Education Law § 3020-a(5) and CPLR 7511, unanimously affirmed, without costs.

While Supreme Court properly dismissed the petition, it should have done so based on petitioner's failure to file the petition within the 10-day period set forth in § 3020-a(5) (see Matter of Watkins v Board of Educ. of Port Jefferson Union Free School Dist., 26 AD3d 336, 337-338 [2006]).

In view of the foregoing, we need not reach petitioner's remaining contentions.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: APRIL 12, 2011

CLERK