Matter of Luchey v Board of Educ. of City School Dist. of the City of Niagara Falls (2012 NY Slip Op 01296)

Matter of Luchey v Board of Educ. of City School Dist. of the City of Niagara Falls

2012 NY Slip Op 01296 [92 AD3d 1276]

February 17, 2012

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 28, 2012

In the Matter of Keli-Koran Luchey, Respondent-Appellant, v Board of Education of City School District of the City of Niagara Falls et al., Appellants-Respondents.

—[*1] Hurwitz & Fine, P.C., Buffalo (Michael F. Perley of counsel), for respondents-appellants-respondents.

Richard E. Casagrande, Latham (Anthony J. Brock of counsel), for petitioner-respondent-appellant.

Appeal and cross appeal from a judgment (denominated decision and order) of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered October 5, 2010 in a proceeding pursuant to CPLR article 78. The judgment, among other things, directed respondents to reinstate petitioner to her tenured position.

It is hereby ordered that said cross appeal is unanimously dismissed (see Town of Massena v Niagara Mohawk Power Corp., 45 NY2d 482, 488 [1978]; see also CPLR 5511) and the judgment is affirmed without costs. Present—Scudder, P.J., Fahey, Carni and Martoche, JJ.