Legal Opinion
Mulcahy v. New York City Department of Education
Appellate Division of the Supreme Court of the State of New York
Decided October 11, 2012Published
1Opinion of the Court
*536Supreme Court erred in dismissing the petition as an untimely commenced article 78 proceeding and rejecting petitioner’s claim that it was actually a hybrid action under 42 USC § 1983, which provides for a three-year statute of limitations. Petitioner denominated this matter as an article 78 proceeding, but asserted that she was a tenured teacher with respondent New York City Department of Education (DOE), which improperly terminated her in violation of her rights to procedural due process under both the State and Federal Constitutions.
Contrary to the Supreme Court, we conclude that the…
2Cases cited5 opinions
- Felder v. CaseySupreme Court of the United States · 1988
- Kahn v. Department of EducationNew York Court of Appeals · 2012
- Kahn v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2010
- Beers v. Incorporated Village of Floral ParkAppellate Division of the Supreme Court of the State of New York · 1999
- Bistrisky v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2005