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Board, Educ., Cent. Islip v. Bd. of Educ

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 1999
262 A.D.2d 439 (N.Y. App. Div. 1999)

Opinion

Submitted May 5, 1999

June 14, 1999

In two related actions for tuition reimbursement pursuant to Education Law § 3202(4), one for the 1994-1995 school year and one for the 1995-1996 school year, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (D'Emilio, J.), dated August 11, 1998, as denied that branch of its motion which was for summary judgment in its favor in both actions.

Kevin A. Seaman (Hamburger, Maxson Yaffe, LLP, Melville, N Y [Richard Hamburger and David H. Pearl] of counsel), for appellant.

Scheyer Jellenik, Smithtown, N.Y. (Richard I. Scheyer of counsel), for respondent.

SONDRA MILLER, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was for summary judgment in its favor in both actions is granted.

The plaintiff made a prima facie showing that it was entitled to summary judgment on its claim for tuition reimbursement pursuant to Education Law § 3202(4), thereby shifting the burden to the defendant to demonstrate that a triable issue of fact exists by submission of evidence in admissible form ( see, North Babylon Union Free School Dist. v. Brentwood Union Free School Dist., 246 A.D.2d 634; Three Vil. Cent. School Dist. v. Brentwood Union Free School Dist., 167 A.D.2d 385). The defendant's opposition, which was based upon supposition and conjecture, was insufficient to meet that burden and, therefore, that branch of the plaintiff's motion which was for summary judgment should have been granted ( see, North Babylon Union Free School Dist. v. Brentwood Union Free School Dist., supra; Three Vil. Cent. School Dist. v. Brentwood Union Free School Dist., supra).


Summaries of

Board, Educ., Cent. Islip v. Bd. of Educ

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 1999
262 A.D.2d 439 (N.Y. App. Div. 1999)
Case details for

Board, Educ., Cent. Islip v. Bd. of Educ

Case Details

Full title:BOARD OF EDUCATION OF THE CENTRAL ISLIP UNION FREE SCHOOL DISTRICT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 14, 1999

Citations

262 A.D.2d 439 (N.Y. App. Div. 1999)
691 N.Y.S.2d 325

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