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KNOX v. NEW YORK CITY DEPT. OF EDUC.

8572N, 106696/09.

100 A.D.3d 486 (2012)

953 N.Y.S.2d 511

TULSA KNOX, Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Respondent.

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

November 13, 2012.

The motion was properly denied since respondent is neither the State nor a state agency within the meaning of the statute (see CPLR 8602 [g]; Hernandez v Hammons, 98 N.Y.2d 735 [2002]). The fact that respondent performs a governmental function, namely the administration of public education, does not make it an agent of the State (see Matter of Apollon v Giuliani, ...

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