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In the Matter of Keli-Koran Luchey, Petitioner-Respondent-Appellant v. Board of Education of City School District of the City of Niagara Falls

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


February 17, 2012

IN THE MATTER OF KELI-KORAN LUCHEY, PETITIONER-RESPONDENT-APPELLANT,
v.
BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF THE CITY OF NIAGARA FALLS
AND CYNTHIA A. BIANCO, IN HER CAPACITY AS SUPERINTENDENT OF SCHOOLS,
RESPONDENTS-APPELLANTS-RESPONDENTS.

Appeal and cross appeal from a judgment (denominated decision and order) of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered October 5, 2010 in a proceeding pursuant to CPLR article 78.

Matter of Matter of Luchey v Board of Educ. of City School Dist. of the City of Niagara Falls

Appellate Division, Fourth 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 February 17, 2012

PRESENT: SCUDDER, P.J., FAHEY, CARNI, AND MARTOCHE, JJ.

The judgment, among other things, directed respondents to reinstate petitioner to her tenured position.

It is hereby ORDERED that said cross appeal is unanimously dismissed (see Town of Massena v Niagara Mohawk Power Corp., 45 NY2d 482, 488; see also CPLR 5511) and the judgment is affirmed without costs.

Entered: February 17, 2012

Frances E. Cafarell Clerk of the Court

20120217

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