Legal Opinion

McGillicuddy v. Rush Henrietta Central School District

Henrietta Justice Court

Decided July 21, 1997Published

1Opinion of the Court

OPINION OF THE COURT

John G. Pericak, J.

*664This matter involves an action by the plaintiff, Daniel Mc-Gillicuddy, in small claims, against the defendant, Rush Henrietta Central School District, for a claim of $3,000 for unpaid wages. At issue is whether or not Education Law § 3813, requiring a notice of claim to be filed within three months of the accrual of a claim against any school district, applies in a small claims matter and if so, what would qualify as proper notice under the statute.

Plaintiff was hired by the defendant school district as a per diem substitute during the first semester of…

2Cases cited13 opinions

  1. Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
  2. In re the Arbitration between the Board of Education & Wager Construction Corp.New York Court of Appeals · 1975
  3. P. J. Panzeca, Inc. v. Board of EducationNew York Court of Appeals · 1971
  4. Cayuga-Onondaga Counties Board of Cooperative Educational Services v. SweeneyNew York Court of Appeals · 1996
  5. F & G Heating Co. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1984

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