Decided September 20, 1984 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Bernard McCaffrey, J. Stanley A. Immerman for appellant. Seymour H. Kligler for Board of Cooperative Educational Services of Nassau County, respondent. MEYER, J. When the respondent in an article 78 proceeding challenges petitioner's standing only, it is error to dismiss the petition on the merits prior to service of respondent's answer. The mandate of CPLR 7804 (subd [f]) that, "If
December 29, 1994 Appeal from the Supreme Court, Albany County (Canfield, J.). White, J. On October 17, 1990, respondent Board of Education of the City of New York (hereinafter the Board) found probable cause to prefer disciplinary charges against petitioner, a tenured teacher, due to his alleged sexual harassment of four female high school students. In accordance with petitioner's demand under Education Law § 3020-a, a hearing was conducted over a span of six days, concluding on May 7, 1991. Prior
December 1, 1994 Appeal from the Supreme Court, New York County (Alice Schlesinger, J.). The court properly determined that plaintiff need not exhaust administrative remedies as the matter involved solely an issue of law (see, Matter of Herberg v Perales, 180 A.D.2d 166, 169) and resort to administrative remedies would cause plaintiff irreparable harm (Watergate II Apts. v Buffalo Sewer Auth., 46 N.Y.2d 52, 57). The Commissioner is barred by the three-year statute of limitations (Administrative Code