Grassel v. Dep't of Educ. of N.Y.

• Decision Date: 17 April 2014
• Citation: 2014 N.Y. Slip Op. 02680,116 A.D.3d 566,983 N.Y.S.2d 724
• Parties: In re Ronald GRASSEL, Petitioner–Appellant, v. DEPARTMENT OF EDUCATION OF the CITY OF NEW YORK, Respondent–Respondent, The University of the State of New York, et al., Respondents.
• Court: New York Supreme Court — Appellate Division

116 A.D.3d 566

983 N.Y.S.2d 724

2014 N.Y. Slip Op. 02680

In re Ronald GRASSEL, Petitioner–Appellant,

v. DEPARTMENT OF EDUCATION OF the CITY OF NEW YORK, Respondent–Respondent,The University of the State of New York, et al., Respondents.

Supreme Court, Appellate Division, First Department, New York.

April 17, 2014.

Warren S. Hecht, Forest Hills, for appellant.

Zachary W. Carter, Corporation Counsel, New York (Jane L. Gordon of counsel), for respondent.

Order, Supreme Court, New York County (Anil C. Singh, J.), entered December 24, 2012, which, to the extent appealed from as limited by the briefs, denied petitioner's application to vacate the hearing officer's opinion and award, dated May 14, 2012, sustaining disciplinary charges, imposing a penalty of suspension without pay, and ordering reinstatement within 30 days, unanimously affirmed, without costs.

Petitioner erroneously commenced this proceeding to challenge the opinion and award by filing a motion in Supreme Court under the index number for a proceeding pursuant to CPLR article 75 in which he had challenged respondent's prior determinations. This error required dismissal of petitioner's application.

FRIEDMAN, J.P., SWEENY, ANDRIAS, GISCHE, CLARK, JJ., concur.