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MATTER OF SUE SILVERNAIL v. ENLARGED CITY SCHOOL DISTRICT OF MIDDLETOWN

40 A.D.3d 1004 (2007)

836 N.Y.S.2d 286

In the Matter of WENDY SUE SILVERNAIL, Appellant, v. ENLARGED CITY SCHOOL DISTRICT OF MIDDLETOWN, Respondent.

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

Decided May 22, 2007.

Ordered that the branch of the motion which was to dismiss the appeal from the order is granted; and it is further,

Ordered that the appeal from the order is dismissed, without costs or disbursements; and it is further,

Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner failed to serve a notice of claim as required by Education Law § 3813. Service of a notice of claim is a "condition precedent to bringing an...

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