# Stertzbach v. Board of Cooperative Educational Services

> Appellate Division of the Supreme Court of the State of New York · February 21, 1986 · 117 A.D.2d 1012

URL: https://www.frixlaw.com/law-library/cases/5884435

## Case

- **Full name:** Kathleen Stertzbach v. Board of Cooperative Educational Services, First Supervisory District of Erie County
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** February 21, 1986
- **Citations:** 117 A.D.2d 1012; 499 N.Y.S.2d 555; 1986 N.Y. App. Div. LEXIS 53260
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5884435

## Opinion text

—Judgment unanimously affirmed, without costs. Memorandum: We affirm for reasons stated in the decision at Special Term. We add that petitioner’s notice of claim was served timely because she did not become aggrieved until September 1, 1981, the effective date of her reassignment and the earliest date that her cause of action could have accrued (Education Law § 3813 [1]; see, Matter of Vail v Board of Coop. Educ. Servs., 115 AD2d 231 ). Also, petitioner was not required to appeal to the Commissioner of Education (see, Education Law § 310) because "in litigation between private parties involving only questions of law, where the issue is whether school officials have acted in violation of statute, direct resort to the courts is proper” (Matter of Lezette v Board of Educ., 35 NY2d 272, 278 ; see also, Cottrell v Board of Educ., 181 Misc 645, 650 , affd 267 App Div 817 , affd 293 NY 792 ; cf. Matter of Walker v Board of Educ., 78 AD2d 982 ). (Appeal from judgment of Supreme Court, Erie County, Mintz, J.—art 78.) Present—Dillon, P. J., Doerr, Green, O’Donnell and Pine, JJ.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5884435. Public record. Not legal advice.