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  5. 48 N.Y.2d 646 (1979)
 

MATTER OF LINDSEY v. BD. OF EDUC. OF MOUNT MORRIS CENT. SCH. DIST.

48 N.Y.2d 646 (1979)

In the Matter of Janet Lindsey, Appellant, v. Board of Education of Mount Morris Central School District et al., Respondents.

Court of Appeals of the State of New York.

Decided September 18, 1979.

Attorney(s) appearing for the Case

Zachary Wellman, Paul E. Klein and Janet Axelrod for appellant.

Susan S. Robfogel and James A. Spitz, Jr., for respondents.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

Order reversed, with costs, and case remitted to the Appellate Division, Fourth Department, for consideration on the merits. The defense of failure to give notice under subdivision 1 of section 3813 of the Education Law, not having been raised in the court of original jurisdiction, was waived (Flanagan v Board of Educ., 47 N.Y.2d 613, 617; Matter of Schlosser v Board of Educ., 47 N.Y.2d 811

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