In Re Board of Education of Florida Union Free School Dist. v. Depace

(*2) In a proceeding pursuant to CPLR article 75 to modify a determination of a Hearing Officer made pursuant to Education Law § 3020-a, dated May 8, 2001, which, after a hearing, dismissed 13 of 14 charges against Ronald DePace as frivolous and ordered the petitioner to pay 80% of the costs incurred by Ronald DePace and the New York State Department of Education in connection with the hearing, the petitioner appeals from a judgment of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated August 9, 2001, which, upon an order of the same court, dated July 18, 2001, dismissed the amended petition insofar as it purportedly was asserted against the New York State Department of Education, denied the amended petition insofar as asserted against Ronald DePace, and confirmed the Hearing Officers determination. The notice of appeal from the order is deemed to be a notice of appeal from the judgment (see CPLR 5512).