From Casetext: Smarter Legal Research

Gastman v. D.O.E. of New York

Appellate Division of the Supreme Court of New York, First Department
Mar 10, 2009
60 A.D.3d 444 (N.Y. App. Div. 2009)

Opinion

No. 5290 103814/07.

March 10, 2009.

Order, Supreme Court, New York County (Karen S. Smith, J.), entered February 28, 2008, which granted defendant's motion to renew its prior motion to dismiss the complaint and, upon renewal, granted the motion, unanimously affirmed, without costs.

Samuel J. Landau, New York, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Scott Shorr of counsel), for respondent.

Before: Tom, J.P., Moskowitz, Acosta and Freedman, JJ.


Supreme Court properly granted defendant's motion to dismiss the complaint for failure to file a timely notice of claim (Education Law § 3813). As the court held, Plaintiff's unverified letters and e-mails to Department of Education personnel, "each addressing different aspects of her complaints," do not constitute a notice of claim ( see Education Law § 3813; Varsity Tr., Inc. v Board of Educ. of City of N.Y., 5 NY3d 532; Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d 539, 547). In any event, such correspondence was not presented to defendant's governing body within three months after the accrual of Plaintiff's discrimination claims as required by the statute ( see Finder v City of New York, 49 AD3d 280). Plaintiff's application for leave to file a late notice of claim made beyond the one-year statute of limitations must be denied as untimely ( see Education Law § 3813 [2-b]; Matter of Amorosi v South Colonie Ind. Cent. School Dist., 9 NY3d 367, 373-374).

We have reviewed plaintiff's remaining contentions and find them unavailing.


Summaries of

Gastman v. D.O.E. of New York

Appellate Division of the Supreme Court of New York, First Department
Mar 10, 2009
60 A.D.3d 444 (N.Y. App. Div. 2009)
Case details for

Gastman v. D.O.E. of New York

Case Details

Full title:DOROTHY E. GASTMAN, Appellant, v. DEPARTMENT OF EDUCATION OF THE CITY OF…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 10, 2009

Citations

60 A.D.3d 444 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 1693
874 N.Y.S.2d 459

Citing Cases

West v. City of N.Y.

635 ; Kokkinos v. Dormitory Auth. of the State of N.Y., 238 A.D.2d 550, 551, 657 N.Y.S.2d 81 ; see generally…

Res. Assocs. Grant Writing & Evaluation Servs., Inc. v. Southampton Union Free Sch. Dist.

Unverified e-mails and letters to staff regarding a plaintiff's complaint do not satisfy the statutory notice…