Legal Opinion
Civil Service Employees Ass'n v. Board of Education
Appellate Division of the Supreme Court of the State of New York
Decided August 9, 2011PublishedCited by 3 opinions
1Opinion of the Court
The plaintiff correctly contends that, since it was seeking *558only equitable relief, and not money damages, it was not required to serve a notice of claim under Education Law § 3813 (1) (see Kahn v New York City Dept. of Educ., 79 AD3d 521, 522 [2010]; Matter of Yagan v Bernardi, 256 AD2d 1225 [1998]; Ruocco v Doyle, 38 AD2d 132, 133-134 [1972]).
The Supreme Court did not improvidently exercise its discretion in denying that branch of the plaintiffs motion which was to convert the action to a declaratory judgment action. There is only one form of civil action (see CPLR 103 [a]), so there is no…
2Cases cited6 opinions
- Lucido v. MancusoAppellate Division of the Supreme Court of the State of New York · 2008
- Ruocco v. DoyleAppellate Division of the Supreme Court of the State of New York · 1972
- Kahn v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2010
- Yagan v. BernardiAppellate Division of the Supreme Court of the State of New York · 1998
- Creative Kids Enrichment, LLC v. Yorktown Office Warehouse, LLCAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by3 opinions
- Sheil v. MelucciAppellate Division of the Supreme Court of the State of New York · 2012
- Rose v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Matter of Fotopoulos v. Board of Fire Commr. of the Hicksville Fire Dist.Appellate Division of the Supreme Court of the State of New York · 2018