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MATTER OF SMITH v. BALDWIN UNION FREE SCHOOL DIST.

63 A.D.3d 1078 (2009)

881 N.Y.S.2d 488

In the Matter of JAMES SMITH, Respondent, v. BALDWIN UNION FREE SCHOOL DISTRICT, Appellant.

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

Decided June 23, 2009.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the petition is denied.

Timely service of a notice of claim is a condition precedent to an action founded on tort and commenced against a school district (see Education Law § 3813 [2]; Matter of Padovano v Massapequa Union Free School Dist., 31 A.D.3d 563, 564...

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