Luchey v. Bd. of Educ. of City Sch. Dist. of the City of Niagara Falls

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Attorney(S)

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.

Judges

Henry J. Scudder
Eugene M. Fahey
Edward D. Carni

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In the Matter of Keli–Koran LUCHEY, Petitioner–Respondent–Appellant, v. BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF the CITY OF NIAGARA FALLS and Cynthia A. Bianco, In Her Capacity as Superintendent of Schools, Respondents–Appellants–Respondents.

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 N.Y.2d 482, 488, 410 N.Y.S.2d 276, 382 N.E.2d 1139; see also *485 CPLR 5511) and the judgment is affirmed without costs.

SCUDDER, P.J., FAHEY, CARNI, and MARTOCHE, JJ., concur.

In the Matter of Keli–Koran LUCHEY, Petitioner–Respondent–Appellant, v. BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF the CITY OF NIAGARA FALLS and Cynthia A. Bianco, In Her Capacity as Superintendent of Schools, Respondents–Appellants–Respondents.

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