VILLAGE OF EAST AURORA PETITIONER PLAINTIFF APPELLANT v. EAST AURORA UNION FREE SCHOOL DISTRICT BOARD OF EDUCATION OF EAST AURORA UNION FREE SCHOOL DISTRICT NEW YORK STATE EDUCATION DEPARTMENT AND MARY ELLEN ELIA COMMISSIONER NEW YORK STATE EDUCATION DEPARTMENT RESPONDENTS DEFENDANTS RESPONDENTS (2018)

Supreme Court, Appellate Division, Fourth Department, New York.

VILLAGE OF EAST AURORA, PETITIONER- PLAINTIFF–APPELLANT, v. EAST AURORA UNION FREE SCHOOL DISTRICT, BOARD OF EDUCATION OF EAST AURORA UNION FREE SCHOOL DISTRICT, NEW YORK STATE EDUCATION DEPARTMENT AND MARY ELLEN ELIA, COMMISSIONER, NEW YORK STATE EDUCATION DEPARTMENT, RESPONDENTS-DEFENDANTS–RESPONDENTS.

CA 17–01412

Decided: February 09, 2018

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, CURRAN, AND WINSLOW, JJ.

BARTLO, HETTLER, WEISS & TRIPI, KENMORE (PAUL D. WEISS OF COUNSEL), FOR PETITIONER–PLAINTIFF–APPELLANT. HARRIS BEACH PLLC, BUFFALO (RICHARD T. SULLIVAN OF COUNSEL), FOR RESPONDENTS–DEFENDANTS–RESPONDENTS EAST AURORA UNION FREE SCHOOL DISTRICT AND BOARD OF EDUCATION OF EAST AURORA UNION FREE SCHOOL ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (LAURA ETLINGER OF COUNSEL), FOR RESPONDENTS–DEFENDANTS–RESPONDENTS NEW YORK STATE EDUCATION DEPARTMENT AND MARY ELLEN ELIA, COMMISSIONER, NEW YORK

MEMORANDUM AND ORDER

DISTRICT.

STATE EDUCATION DEPARTMENT.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the decision at Supreme Court. We write only to note that the accrual date for purposes of the four-month statute of limitations is November 6, 2014 (see CPLR 217[1] ).

Mark W. Bennett

Clerk of the Court

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