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MATRISCIANO v. BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF CITY OF LONG BEACH

263 A.D.2d 472 (1999)

692 N.Y.S.2d 729

CATHY MATRISCIANO, Appellant, v. BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF CITY OF LONG BEACH, Respondent.

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

Decided July 12, 1999.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion to dismiss the complaint pursuant to CPLR 3211. To the extent that the plaintiff sought reinstatement with back pay to her position as a school bus driver based upon alleged violations of her contractual rights, her failure to file a notice of claim is fatal to her case (see, Matter of Stevens v Board of Educ., 261 A.D.2d 698

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