O'Connor v. Maine-Endwell Central School District

OPINION OF THE COURT

Robert A. Harlem, J.

The defendants move to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 5), based upon the expiration of the Statute of Limitations as set forth in subdivision 2-b of section 3813 of the Education Law.

The action is brought to recover certain sums claimed to be owed to the plaintiff by the defendants under a contract of employment. On December 13, 1979, the plaintiff formally announced his intention to retire as the Superintendent of Schools for defendants, effective June 30,1980. The plaintiff asserts that in April, 1980 he was directed by the…