Hrisinko v. Board of Education

The 2011 order is not appealable as of right, as it was “made in a proceeding against a body or officer pursuant to [CPLR] *452article 78” (CPLR 5701 [b] [1]; see Matter of Storman v New York City Dept. of Educ., 95 AD3d 776, 777 [1st Dept 2012], appeal dismissed 19 NY3d 1023 [2012]). We decline to grant petitioner leave to appeal from that order in the interest of justice.

Were we to review the 2011 order, we would find that the motion court providently exercised its discretion in holding that respondents should not be held in contempt (see Storman, 95 AD3d at 777; Richards v Estate of Kaskel,…