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BUCHANAN v. BEACON CITY SCHOOL DISTRICT

2010-01823.

79 A.D.3d 961 (2010)

915 N.Y.S.2d 101

JAMES BUCHANAN, Appellant, v. BEACON CITY SCHOOL DISTRICT et al., Respondents.

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

Decided December 21, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the defendants' motion which was pursuant to CPLR 3211 (a) (5) to dismiss the first and second causes of action of the complaint. The complaint was filed more than one year and 90 days after those causes of action accrued and thus was untimely (see Education Law § 3813 [2]; General Municipal...

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