In the Matter of Carol Pulver, Appellant, v. Board of Education, Farmingdale Union Free School District, et al., Respondents

In the Matter of Carol Pulver, Appellant, v Board of Education, Farmingdale Union Free School District, et al., Respondents. [MAJORITY] In a proceeding pursuant to CPLR article 78, inter alia, to compel the respondent board of education to reinstate petitioner to a position as a senior high school foreign language teacher, pursuant to subdivision 3 of section 2510 of the Education Law, the petitioner appeals from a judgment of the Supreme Court, Nassau County, dated July 2, 1980, which dismissed the proceeding upon the ground that petitioner had failed to file a notice of claim. Judgment reversed, with $50 costs and disbursements, arid matter remitted to Special Term for a determination on the merits. The notice of claim requirement in section 3813 of the Education Law does not apply to a proceeding in which the vindication of the public interest is sought in the enforcement of tenure rights (see Matter of Gross v Board of Educ., 73 AD2d 949; Matter of Tadken v Board of Educ., 65 AD2d 820, mot for lv to app den 46 NY2d 711). The concept of tenure rights includes the reinstatement provisions of section 2510 of the Education Law (cf. Matter of Silver v Board of Educ., 46 AD2d 427). Mangano, J.P., Cohalan, O’Connor and Weinstein, JJ., concur.