Village of E. Aurora v East Aurora Union Free Sch. Dist.
2018 NY Slip Op 01000 [158 AD3d 1313]
February 9, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2018


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  Village of East Aurora, Appellant, v East Aurora Union Free School District et al., Respondents.

Bartlo, Hettler, Weiss & Tripi, Kenmore (Paul D. Weiss of counsel), for petitioner-plaintiff-appellant.

Harris Beach PLLC, Buffalo (Richard T. Sullivan of counsel), for respondents-defendants-respondents East Aurora Union Free School District and Another.

Eric T. Schneiderman, Attorney General, Albany (Laura Etlinger of counsel), for respondents-defendants-respondents New York State Education Department and Another.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (E. Jeannette Ogden, J.), entered February 24, 2017, in a CPLR article 78 proceeding and a declaratory judgment action. The judgment, among other things, granted the motions of respondents-defendants to dismiss the amended petition-complaint.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the decision at Supreme Court. We write only to note that the accrual date for purposes of the four-month statute of limitations is November 6, 2014 (see CPLR 217 [1]). Present—Smith, J.P., Peradotto, Lindley, Curran and Winslow, JJ.