Summary
The court held that a 2011 order issued in an Article 78 proceeding was not appealable as of right and declined to grant leave to appeal in the interest of justice. It further concluded that respondents did not violate a clear and unequivocal mandate by reinstating the petitioner as a tenured teacher and assigning her to an absent-teacher reserve position, and therefore properly were not held in contempt.
Holdings
- An order made in a proceeding against a body or officer pursuant to CPLR article 78 was not appealable as of right under CPLR 5701(b)(1).
Questions Presented
- Whether the 2011 order was appealable as of right when it was entered in a proceeding against a body or officer under CPLR article 78.
- Whether leave to appeal from the 2011 order should be granted in the interest of justice.
Disposition
other
Cases Cited (3)
- Matter of Storman v New York City Dept. of Educ., 95 A.D.3d 776, 777 (1st Dep't 2012), appeal dismissed, 19 N.Y.3d 1023 (2012)(followed)
- Richards v Estate of Kaskel, 169 A.D.2d 111, 122 (1st Dep't 1991), leave dismissed in part, denied in part, 78 N.Y.2d 1042 (1991)(followed)
- Matter of Department of Envtl. Protection of City of N.Y. v Department of Envtl. Conservation of State of N.Y., 70 N.Y.2d 233, 240 (1987)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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