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Wednesday, August 17, 2011

An Education Law §3813(1) “Notice of Claim” is required only in the event money damages are sought


An Education Law §3813(1) “Notice of Claim” is required only in the event money damages are sought
Civil Serv. Employees Assn., Inc. v Board of Educ. of City of Yonkers, 2011 NY Slip Op 06211, Appellate Division, Second Department

The Civil Service Employees Association filed an Article 78 petition seeking a court order directing specific performance” of a collective bargaining agreement.

The Appellate Division sustained Supreme Court’s disposition of CSEA’s petition, explaining that as CSEA was only seeking equitable relief, and not money damages, it was not required to serve a notice of claim under Education Law §3813(1).*

As to Supreme Court’s rejection of CSEA’s motion to convert the action to a declaratory judgment action, the Appellate Division ruled that there is only one form of civil action so there is no need to convert this action in order for CSEA to seek declaratory relief.

* Service of a notice of claim within 90 days after accrual of the claim is a condition precedent to the commencement of an action against a school district (Matter of Surdo v Levittown Pub. School Dist., 41 AD3d 486, Education Law §3813; General Municipal Law §50-e[1][a]). 


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