Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 83 A.D.2d 654; see, also, Public Improvements v Board of Educ., 56 N.Y.2d 850). Moreover, unlike Salesian Soc. v Village of Ellenville ( 41 N.Y.2d 521) where the village, neither at trial nor before the Appellate Division, ever raised the matter of the plaintiff's failure to timely serve and file a notice of claim pursuant to former section 341-b of the Village Law, here the school district promptly moved to dismiss the action for failure to file a timely notice of claim.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.