Stertzbach v. Board of Cooperative Educational Services

—Judgment unanimously affirmed, without costs. Memorandum: We affirm for reasons stated in the decision at Special Term. We add that petitioner’s notice of claim was served timely because she did not become aggrieved until September 1, 1981, the effective date of her reassignment and the earliest date that her cause of action could have accrued (Education Law § 3813 [1]; see, Matter of Vail v Board of Coop. Educ. Servs., 115 AD2d 231). Also, petitioner was not required to appeal to the Commissioner of Education (see, Education Law § 310) because "in litigation between private parties…