Opinion
June 24, 1991
Appeal from the Supreme Court, Westchester County (Nastasi, J.).
Ordered that the order is affirmed, without costs or disbursements.
We agree with the Supreme Court that the action is one to "vindicate a public interest" and thus the plaintiff was not required to file a notice of claim within three months of the accrual of the action pursuant to Education Law § 3813 (1) (see, Niagara Mohawk Power Corp. v City School Dist., 59 N.Y.2d 262; Union Free School Dist. No. 6 v New York State Human Rights Appeal Bd., 35 N.Y.2d 371; Valhalla Union Free School Dist. v Somers Cent. School Dist., 98 Misc.2d 365).
However, contrary to the plaintiff's contention, the public interest exception does not permit the commencement of actions against a school district after the expiration of the one-year period of limitation of Education Law § 3813 (2-b). The instant action was commenced more than one year after the period of limitation had expired. Therefore, the action was properly dismissed as time-barred. Thompson, J.P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.