In Piaggone v. Board of Education, Floral Park-Bellrose Union Free School District (92 AD2d 106, 459 N.Y.S.2d 629 [2d Dept 1983]), the petitioner contended that she was reappointed to a part-time rather than a full-time teaching position, in violation of Education Law 2510. The Appellate Division reasoned: "Although recent decisions have attempted to predicate application of notice of claim requirements on a private-public right distinction, they essentially restate well-settled, if sometimes forgotten, principles that distinguish "claims" from legal rights, i.e., those claims that have already been reduced through enactment of positive law (e.g., Education Law, 2510) or adjudication by an administrative agency or court (e.g., Education Law, 3020-a) to judicially enforceable rights (see State Div. of Human Rights Geraci v. New York State Dept. of Correctional Servs., 90 AD2d 51, 63, 65-69, nn 6, 8, 456 NYS2d 63). Obviously implicit in such legislation or adjudication is the government entity's knowledge of the nature of the claim asserted, hence, requiring a notice of claim subsequent to conversion of the claim into a legal right would be superfluous. In practical terms, prior to commencement of a special proceeding pursuant to CPLR article 78, a petitioner will either have demanded of the government entity that it perform the clear specific legal duty as legislated or have submitted his claim to adjudication by that entity. Therefore, a notice of claim is not a condition precedent to a special proceeding properly brought pursuant to seeking either judicial enforcement of such duty or judicial review of such prior adjudication." Piaggone, 92 AD2d at 108-109.