Pagan v. Board of Education of City School District

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered July 5, 2007, which granted defendants’ motion pursuant to CPLR 103 (c) to convert the action to a CPLR article 78 proceeding, and to dismiss the petition for failure to state a cause of action, unanimously affirmed, without costs.

Plaintiff’s complaint, although asserting breach of contract claims, sought a declaration that the termination of her employment as a New York City public school teacher was null and void and requested reinstatement with back pay. Such claims are fundamentally premised upon the contention…