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Phyllis Muriel Stepper v. the Department of Education of the City of New York

New York Supreme and/or Appellate Courts Appellate Division, First Department


September 27, 2012

PHYLLIS MURIEL STEPPER,
PLAINTIFF-APPELLANT,
v.
THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, ET AL.,
DEFENDANTS-RESPONDENTS.

Stepper v Department of Educ. of City of N.Y.

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 September 27, 2012

Tom, J.P., Mazzarelli, Saxe, Catterson, DeGrasse, JJ.

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered June 27, 2011, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

The motion court correctly determined that the City of New York was an improper party to the action (see e.g. Perez v City of New York, 41 AD3d 378 [1st Dept 2007], lv denied 10 NY3d 708 [2008]). The motion court also correctly determined that to the extent plaintiff challenged the unsatisfactory rating she received following the 2007-2008 school year, those allegations were time-barred (Education Law § 3813[2-b]). To the extent plaintiff sought to challenge the unsatisfactory rating she received in 2009, those allegations are barred as a result of her failure to file a notice of claim (Education Law § 3813[1]).

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

ENTERED: SEPTEMBER 27, 2012

CLERK

20120927

© 1992-2012 VersusLaw Inc.



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