Matter of Moraitis v Board of Educ. Deer Park Union Free School Dist.

State: New York

Docket No: 2009 NY Slip Op 51954(U)

Case Date: 08/31/2009

Plaintiff: Matter of Moraitis

Defendant: Board of Educ. Deer Park Union Free School Dist.

Preview:[*1]

Decided on August 31, 2009
Supreme Court, Suffolk County

06334/2009

Attorney for Petitioner:
Scott Lockwood, Esq.
1476 Deer Park Avenue, Suite 3
North Babylon, NY 11703
Attorney for Respondent:
Cooper, Sapir & Cohen, P.C.

560 Broadhollow Road, Suite 210
Melville, NY 11747
William B. Rebolini, J.
In this proceeding pursuant to CPLR Article 78, the petitioner seeks an order requiring respondent "to immediately reclassify [her] into an accepted tenure area without a loss of tenure time and to immediately reinstate her as a full time teacher in the [r]espondent school district" (notice of petition), to reinstate her benefits nunc pro tunc from the date of her dismissal, granting damages in [*2]the nature of lost salary and insurance payments and granting other relief. In its answer respondent denies allegations of the petition and asserts affirmative defenses (one of which has been withdrawn, specifically, lack of personal jurisdiction) as follows: that petitioner failed to comply with Education Law

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