Opinion
February 21, 1986
Appeal from the Supreme Court, Erie County, Mintz, J.
Present — Dillon, P.J., Doerr, Green, O'Donnell and Pine, JJ.
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; see, Matter of Vail v. Board of Coop. Educ. Servs., 115 A.D.2d 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 N.Y.2d 272, 278; see also, Cottrell v. Board of Educ., 181 Misc. 645, 650, affd 267 App. Div. 817, affd 293 N.Y. 792; cf. Matter of Walker v. Board of Educ., 78 A.D.2d 982).