Lempesis v. Mills

—Carpinello, J.

Appeal from a judgment of the Supreme Court (McNamara, J.), entered November 2, 2001 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for failure to exhaust administrative remedies.

This appeal involves an interlocutory ruling of a Hearing Officer in a teacher decertification proceeding (see 8 NYCRR part 83). Specifically, the Hearing Officer denied petitioner’s motion to dismiss the proceeding on the ground that respondent had failed to comply with certain discovery requests (see State Administrative…