TEST - 7129. IN RE JOSEPHINE THOMAS, pet-ap, v. NEW YORK CITY DEPARTMENT OF EDUCATION res-res

7129. IN RE JOSEPHINE THOMAS, pet-ap, v. NEW YORK CITY DEPARTMENT OF EDUCATION res-res ? Lichten Bright, P.C., New York (Stuart Lichten of counsel), for ap ? Michael A. Cardozo, Corporation Counsel, New York (Paul T. Rephen of counsel), for res ? Order and judgment (one paper), Supreme Court, New York County (Judith J. Gische, J.), entered August 31, 2011, which denied the petition seeking a judgment directing respondents to provide legal representation and reimbursement for legal fees and expenses incurred in defense of a civil action arising out petitioner-paraprofessional's discipline of a student, and dismissed the proceeding brought pursuant to CPLR article 78, affirmed, without costs.

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7129. IN RE JOSEPHINE THOMAS, pet-ap, v. NEW YORK CITY DEPARTMENT OF EDUCATION res-res ? Lichten Bright, P.C., New York (Stuart Lichten of counsel), for ap ? Michael A. Cardozo, Corporation Counsel, New York (Paul T. Rephen of counsel), for res ? Order and judgment (one paper), Supreme Court, New York County (Judith J. Gische, J.), entered August 31, 2011, which denied the petition seeking a judgment directing respondents to provide legal representation and reimbursement for legal fees and expenses incurred in defense of a civil action arising out petitioner-paraprofessional’s discipline of a student, and dismissed the proceeding brought pursuant to CPLR article 78, affirmed, without costs.

The court correctly determined that Education Law ?2560, which incorporates by reference General Municipal Law ?50-k, and Education Law ?3028, do not conflict and should be read together and “applied harmoniously and consistently” (Alweis v. Evans, 69 NY2d 199, 204 [1987]). “It is the duty of the courts to so construe two statutes that they will be in harmony, if that can be done without violating the established canons of statutory interpretation” (McKinney’s Cons Laws of NY, Book 1, Statutes ?398).

TEST - 7129. IN RE JOSEPHINE THOMAS, pet-ap, v. NEW YORK CITY DEPARTMENT OF EDUCATION res-res

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