Board of Educ. of Deer Park
v.
Brentwood S

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentDec 24, 2001
289 A.D.2d 435 (N.Y. App. Div. 2001)
289 A.D.2d 435735 N.Y.S.2d 407

2001-05728

Argued December 6, 2001.

December 24, 2001.

In an action for tuition reimbursement pursuant to Education Law § 3202(4), the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated June 1, 2001, as denied that branch of its motion which was for summary judgment on its first cause of action.

Cooper, Sapir Cohen, P.C., Melville, N.Y. (Robert E. Sapir of counsel), for appellant.

Scheyer Jellenik, Nesconset, N.Y. (Richard I. Scheyer of counsel), for respondent.

Before: GLORIA GOLDSTEIN, J.P.,, LEO F. McGINITY, HOWARD MILLER, SANDRA L. TOWNES, JJ.


ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was for summary judgment on the first cause of action is granted.

The plaintiff demonstrated its prima facie entitlement to summary judgment on its first cause of action, which was for tuition reimbursement with respect to Cecilia Vitale pursuant to Education Law § 3202(4). As such, the defendant had the burden of establishing, through admissible evidentiary proof, the existence of a triable issue of fact. Here, the defendant's opposition failed to meet that burden, as it was devoid of any evidentiary support for its assertions. Accordingly, that branch of the motion which was for summary judgment on the first cause of action should have been granted (see, Board of Educ. of Cent. Islip Union Free School Dist. v. Board of Educ. of Brentwood Union Free School Dist., 262 A.D.2d 439; North Babylon Union Free School Dist. v. Brentwood Union Free School Dist., 246 A.D.2d 634; Three Vil. Cent. School Dist. v. Brentwood Union Free School Dist., 167 A.D.2d 385).

GOLDSTEIN, J.P., McGINITY, H. MILLER and TOWNES, JJ., concur.