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Combier v. City of New York

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 4, 2008

BETSY COMBIER, PLAINTIFF-APPELLANT,
v.
CITY OF NEW YORK, ET AL., DEFENDANTS-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.

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.

Mazzarelli, J.P., Friedman, Gonzalez, Sweeny, JJ.

108510/07

Even were the complaint construed to be an Article 78 petition alleging refusal to furnish requested Parents Association financial records in violation of 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]).

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

20081204

© 1992-2008 VersusLaw Inc.



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