| Matter of Luchey v Board of Educ. of City School Dist. of the City ofNiagara Falls |
| 2012 NY Slip Op 01296 [92 AD3d 1276] |
| February 17, 2012 |
| Appellate Division, Fourth Department |
| In the Matter of Keli-Koran Luchey, Respondent-Appellant, vBoard of Education of City School District of the City of Niagara Falls et al.,Appellants-Respondents. |
—[*1] Richard E. Casagrande, Latham (Anthony J. Brock of counsel), forpetitioner-respondent-appellant.
Appeal and cross appeal from a judgment (denominated decision and order) of the SupremeCourt, Niagara County (Ralph A. Boniello, III, J.), entered October 5, 2010 in a proceedingpursuant to CPLR article 78. The judgment, among other things, directed respondents to reinstatepetitioner to her tenured position.
It is hereby ordered that said cross appeal is unanimously dismissed (see Town ofMassena v Niagara Mohawk Power Corp., 45 NY2d 482, 488 [1978]; see also CPLR5511) and the judgment is affirmed without costs. Present—Scudder, P.J., Fahey, Carniand Martoche, JJ.