Ruocco v. Doyle

Munder, Acting P. J. (dissenting).

It is my view that the broad language of subdivision 1 of section 3813 of the Education Law makes it applicable to this action for a declaratory judgment. That statute provides, in pertinent part, that “no action or special proceeding, for any cause whatever, except as hereinafter provided, relating to district property or claim against the district, or involving its rights or interestsshall be maintained unless a written verified claim is presented within three months after accrual and the officer or body having the power to “ adjust or pay ” such claim has…