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RUTIGLIANO v. BD. OF EDUC. OF THE CITY OF NEW YORK

176 A.D.2d 866 (1991)

Giacomo Rutigliano, Doing Business as Bari Electronic Equipment, Respondent, v. Board of Education of the City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 21, 1991

Ordered that the order is affirmed, with costs.

At the outset, we disagree with the Appellate Term's holding that the one-year Statute of Limitations of Education Law § 3813 (2-b) is enlarged by the 30-day waiting period between the filing of a notice of claim and commencement of an action, found in Education Law § 3813 (1). Education Law § 3813 (2-b) provides, inter alia, that, "notwithstanding any other provision of law providing a longer...

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