Funderburke v. Uniondale Union Free School District No. 15

—In an employment discrimination *623action pursuant to, inter alia, Executive Law § 296, the plaintiff appeals from an order of the Supreme Court, Nassau County (Winick, J.), dated May 21, 1997, which granted that branch of the defendant’s motion which was to dismiss the complaint for failure to state a cause of action. The defendant cross-appeals from so much of the same order as denied its motion to dismiss the action based on the plaintiffs failure to file a timely notice of claim pursuant to Education Law § 3813.

Ordered that the cross appeal is dismissed, without costs or disbursements, as…