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MATTER OF KERNAN LIBRARY OFFICE GROUP, INC. v. BD. OF EDUC. OF THE CITY SCH. DIST. OF THE CITY OF SCHENECTADY

187 A.D.2d 861 (1992)

In the Matter of Kernan Library Office Group, Inc., Appellant, v. Board of Education of the City School District of the City of Schenectady et al., Respondents

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

November 12, 1992

Petitioner's failure to allege the timely filing of a notice of claim requires dismissal of the petition (see, Education Law § 3813 [1]; Stoetzel v Wappingers Cent. School Dist., 166 A.D.2d 643; Matter of Grey v Board of Educ., 60 A.D.2d 361, lv denied 44 N.Y.2d 645). Were we to address the merits, we would agree with Supreme...

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