Commissioners of the State Insurance Fund v. Liverpool Central School District No. 1

OPINION OF THE COURT

Lorraine S. Miller, J.

The plaintiff Commissioners of the State Insurance Fund (Fund) have moved to strike the first affirmative defense of defendant Liverpool Central School District No. 1 (Liverpool), *502which asserts a failure by the Fund to comply with Education Law § 3813 (1). In the alternative, the Fund seeks permission, pursuant to Education Law § 3813 (2-a), to file a late notice of claim,* seeking insurance premiums in the amount of $237,211.51 which, by its complaint, are alleged to have become “due and owing to The State Insurance Fund on July 1, 1994.” In sole…