Brown v. North Country Community College

This is a motion pursuant to CPLB 3211 for summary judgment dismissing the plaintiff’s complaint. The issues raised are of apparent first impression in New York State and involve significant questions of law and statutory construction. A brief summary of the basic facts and of the prosecution of the main action is necessary.

In 1966, the Counties of Essex and Franklin in Northern New York State, acting jointly and pursuant to the provisions of article 126 of the Education Law of the State of New York created the North Country Community College, the named defendant herein. Shortly thereafter…