Village of E. Aurora v. East Aurora Union Free Sch. Dist.

2018 NY Slip Op 1000
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 9, 2018
Docket192 CA 17-01412
StatusPublished
Cited by1 cases

This text of 2018 NY Slip Op 1000 (Village of E. Aurora v. East Aurora Union Free Sch. Dist.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Village of E. Aurora v. East Aurora Union Free Sch. Dist., 2018 NY Slip Op 1000 (N.Y. Ct. App. 2018).

Opinion

Village of E. Aurora v East Aurora Union Free Sch. Dist. (2018 NY Slip Op 01000)
Village of E. Aurora v East Aurora Union Free Sch. Dist.
2018 NY Slip Op 01000
Decided on February 9, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on February 9, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, CURRAN, AND WINSLOW, JJ.

192 CA 17-01412

[*1]VILLAGE OF EAST AURORA, PETITIONER-PLAINTIFF-APPELLANT,

v

EAST AURORA UNION FREE SCHOOL DISTRICT, BOARD OF EDUCATION OF EAST AURORA UNION FREE SCHOOL DISTRICT, NEW YORK STATE EDUCATION DEPARTMENT AND MARY ELLEN ELIA, COMMISSIONER, NEW YORK STATE EDUCATION DEPARTMENT, RESPONDENTS-DEFENDANTS-RESPONDENTS.


BARTLO, HETTLER, WEISS & TRIPI, KENMORE (PAUL D. WEISS OF COUNSEL), FOR PETITIONER-PLAINTIFF-APPELLANT.

HARRIS BEACH PLLC, BUFFALO (RICHARD T. SULLIVAN OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS EAST AURORA UNION FREE SCHOOL DISTRICT AND BOARD OF EDUCATION OF EAST AURORA UNION FREE SCHOOL

STATE EDUCATION DEPARTMENT.



Appeal from a judgment (denominated order) of the Supreme Court, Erie County (E. Jeannette Ogden, J.), entered February 24, 2017 in a CPLR article 78 proceeding and a declaratory judgment action. The judgment, among other things, granted the motions of respondents- defendants to dismiss the amended petition-complaint.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the decision at Supreme Court. We write only to note that the accrual date for purposes of the four-month statute of limitations is November 6, 2014 (see CPLR 217 [1]).

Entered: February 9, 2018

Mark W. Bennett

Clerk of the Court



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Bluebook (online)
2018 NY Slip Op 1000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-e-aurora-v-east-aurora-union-free-sch-dist-nyappdiv-2018.