Buell v. Board of Educ. of Hauppauge Union Free School Dist.

• Citation: 648 N.Y.S.2d 332,232 A.D.2d 481
• Parties: In the Matter of Laurie BUELL, Appellant, v. BOARD OF EDUCATION OF HAUPPAUGE UNION FREE SCHOOL DISTRICT, et al., Respondents.
• Decision Date: 15 October 1996
• Court: New York Supreme Court Appellate Division

Page 332

648 N.Y.S.2d 332

232 A.D.2d 481

In the Matter of Laurie BUELL, Appellant,

v.

BOARD OF EDUCATION OF HAUPPAUGE UNION FREE SCHOOL DISTRICT,

et al., Respondents.

Supreme Court of New York, Appellate Division,

Second Department.

Oct. 15, 1996.

James R. Sandner, New York City (John H. Jurgens, of counsel), for appellant.

Cahn Wishod & Lamb, LLP, Melville (Robert H. Cohen and Blythe E. Lovinger, of counsel), for respondents.

In a proceeding pursuant to CPLR article 78, inter alia, to compel the respondent Board of Education of the Hauppauge Union Free School District to reinstate the petitioner to a Special Education teaching position nunc pro tunc as of November 12, 1991, pursuant to Education Law § 3013(3), the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Mullen, J.), dated August 14, 1995, which dismissed the proceeding.

ORDERED that the judgment is affirmed, with costs.

The petitioner's unexcused delay of almost three and one-half years before making her demand for reinstatement constituted laches, which is a complete defense to this proceeding (see, Austin v. Board of Higher Educ. of the City of N.Y., 5 N.Y.2d 430, 186 N.Y.S.2d 1, 158 N.E.2d 681; Matter of Tilt v. Krone, 31 A.D.2d 561, 294 N.Y.S.2d 465; CPLR 217; see also, Matter of Dionisio v. Board of Educ. of Mahopac Cent. School Dist., 128 A.D.2d 524, 512 N.Y.S.2d 458).

ROSENBLATT, J.P., and MILLER, RITTER and FLORIO, JJ., concur.