PUBLIC IMPROVEMENTS v. BOARD OF EDUC

MEMORANDUM.

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 81 A.D.2d 537). We but add that estoppel is unavailable against a public agency (see Matter of Hamptons Hosp. Med. Center v Moore, 52 N.Y.2d 88; see, also, Matter of Bloomberg-Dubin v Board of Educ., 82 A.D.2d 854, affd 56 N.Y.2d 555). And, as we have recently had occasion to reiterate, in the absence of an affirmative agreement to the contrary, of which there is no indication here, compliance with the provisions of section 3813 of the Education Law is a "condition precedent" to the commencement of an action against any school district or board of education (cf. Matter of Geneseo Cent. School [ Perfetto Whalen Constr. Corp.], 53 N.Y.2d 306, 311, citing Matter of Board of Educ. [ Wager Constr. Corp.], 37 N.Y.2d 283, 288).

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed, with costs, in a memorandum.