Legal Opinion
Gastman v. Department of Education
Appellate Division of the Supreme Court of the State of New York
Decided March 10, 2009PublishedCited by 4 opinions
1Opinion of the Court
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.
Supreme Court properly granted defendant’s motion to dismiss the complaint for failure to file a timely notice of claim (Education Law § 3813 [1]). As the court held, plaintiffs 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…
2Cases cited4 opinions
- Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
- Amorosi v. South Colonie Independent Central School DistrictNew York Court of Appeals · 2007
- Varsity Transit, Inc. v. Board of EducationNew York Court of Appeals · 2005
- Pinder v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by4 opinions
- Resource Associates Grant Writing & Evaluation Services, Inc. v. Southampton Union Free School DistrictDistrict Court, D. New Mexico · 2016
- Zuri McKie v. LaGuardia Community College/CUNYAppellate Division of the Supreme Court of the State of New York · 2011
- West v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
- Laboy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2018