Fallarino v. Board of Education

*683OPINION OF THE COURT

Edward W. McCarty III, J.

The respondents seek dismissal of this proceeding under CPLR article 78 challenging a determination of the respondents’ hearing panel. The respondents argue that dismissal is required because the notice of petition was not timely filed prior to October 22, 1993 as required by CPLR 304 and the applicable Statute of Limitations. (CPLR 217.) Although it is only tangentially involved in this application, I do note that dismissal of this application would in all probability result in the termination of the petitioner’s career as a teacher without any…