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MATTER OF DOYLE v. ELWOOD UNION FREE SCHOOL DISTRICT

39 A.D.3d 544 (2007)

833 N.Y.S.2d 204

In the Matter of DONNA DOYLE et al., Respondents, v. ELWOOD UNION FREE SCHOOL DISTRICT, Appellant.

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

Decided April 3, 2007.

Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

Service of a notice of claim within 90 days after accrual of the claim is a condition precedent to commencing an action against a school district (see Education Law § 3813 [2]; General Municipal Law § 50-e [1] [a]; Matter of Padovano v Massapequa Union Free School Dist.,

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