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MATTER OF EILENBERG v. CITY OF NEW YORK

6818, 654780/16.

162 A.D.3d 457 (2018)

74 N.Y.S.3d 751

2018 NY Slip Op 04101

In the Matter of Marla Eilenberg, Appellant, v. City of New York et al., Respondents.

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

Decided June 7, 2018.

Petitioner abandons any challenge to the court's determination that the petition was not timely served, and that she had shown no cause to extend the time for service pursuant to CPLR 306-b (see Henneberry v Borstein, 91 A.D.3d 493 [1st Dept 2012]).

In any event, even assuming that the petition was timely served, the penalty of termination does not shock our sense of fairness. The record establishes petitioner's consecutive...

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