Legal Opinion
Gardner v. Coxsackie-Athens Central School District Board of Education
Appellate Division of the Supreme Court of the State of New York
Decided February 16, 2012PublishedCited by 4 opinions
1Opinion of the CourtSpain, J.
*1094Initially, we agree with Supreme Court that the four-month statute of limitations to commence this CPLR article 78 proceeding was extended for 30 days upon filing a notice of claim under Education Law § 3813 (1) and, therefore, the instant petition was timely (see Matter of Brown v Schuyler-Chemung-Tioga Bd. of Coop. Educ. Servs., 5 AD3d 939, 940 [2004]). In light of the clear language of the Education Law staying the limitations period under these circumstances, respondent’s policy arguments that the stay should not apply in this case reflect arguments more properly advanced to the…
2Cases cited7 opinions
- Wiggins v. Board of EducationNew York Court of Appeals · 1983
- MATTER OF GOMEZ v. StoutNew York Court of Appeals · 2009
- Perryman v. Village of Saranac LakeAppellate Division of the Supreme Court of the State of New York · 2009
- Blount v. ForbesAppellate Division of the Supreme Court of the State of New York · 1937
- Perez v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by4 opinions
- Arthur v. SoaresAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Lindo v. PonteAppellate Division of the Supreme Court of the State of New York · 2017
- McKenzie v. Board of Education of City School DistrictAppellate Division of the Supreme Court of the State of New York · 2012
- McKenzie v. Board of Education of City School DistrictAppellate Division of the Supreme Court of the State of New York · 2012