Matter of Curry-Malcolm v New York State Teachers' Retirement Sys.
2022 NY Slip Op 00760 [202 AD3d 1444]
February 4, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Friday, April 1, 2022


[*1]
 In the Matter of Bernice Curry-Malcolm, Appellant,
v
New York State Teachers' Retirement System, Respondent, and Honeoye Falls-Lima Central School District et al., Respondents. (Appeal No. 1.)

Bernice Curry-Malcolm, petitioner-appellant pro se.

Letitia James, Attorney General, Albany (Dustin J. Brockner of counsel), for respondent New York State Teachers' Retirement System.

Ferrara, Fiorenza PC, East Syracuse (Miles G. Lawlor of counsel), for respondents-respondents Honeoye Falls-Lima Central School District and another.

Steven G. Carling, Acting General Counsel, Rochester City School District, Rochester (Alison K.L. Moyer of counsel), for respondent-respondent Rochester City School District.

Arthur P. Scheuermann, General Counsel, School Administrators Association of New York State, Latham (Jennifer L. Carlson of counsel), for respondent-respondent Association of Supervisors and Administrators of Rochester.

Brown Hutchinson LLP, Rochester (Kimberly Campbell of counsel), for respondent-respondent Brown Hutchinson LLP.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Monroe County (Gail Donofrio, J.), entered August 4, 2020, in a proceeding pursuant to CPLR article 78. The judgment, among other things, granted the pre-answer motions to dismiss the petition brought by respondents Honeoye Falls-Lima Central School District, Rush-Henrietta Central School District, Rochester City School District, Association of Supervisors and Administrators of Rochester, and Brown Hutchinson LLP.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (2020 NY Slip Op 34765[U] [Sup Ct, Monroe County 2020]). Present—Centra, J.P., NeMoyer, Curran and Bannister, JJ.