WYNN v. GATES CHILI CENTRAL SCHOOL DISTRICT (2007)

Plaintiff filed a certificate of dual residency with defendant Gates-Chili Central School District (School District) affirming that she and her children had moved into her father's residence located in the School District.   Plaintiff then enrolled her children in the School District.   After an investigation and a residency hearing, the School District determined that the children did not reside within the School District and advised plaintiff that her children could no longer attend school there.   Thereafter, plaintiff commenced this action seeking damages for defendants' alleged violations of the “state's race discrimination and mental abuse statute.”   Supreme Court properly granted defendants' motion for summary judgment dismissing the complaint.   The record establishes that plaintiff failed to file a notice of claim pursuant to Education Law § 3813(1) and (2), and the filing of a notice of claim is a condition precedent to the commencement of this action (see Sangermano v. Board of Coop. Educ. Servs. of Nassau County, 290 A.D.2d 498, 736 N.Y.S.2d 258, lv. dismissed 99 N.Y.2d 531, 752 N.Y.S.2d 590, 782 N.E.2d 568;  Doyle v. Board of Educ. of Deer Park Union Free School Dist., 230 A.D.2d 820, 646 N.Y.S.2d 842;  see generally Mills v. County of Monroe, 59 N.Y.2d 307, 464 N.Y.S.2d 709, 451 N.E.2d 456, cert. denied 464 U.S. 1018, 104 S.Ct. 551, 78 L.Ed.2d 725;  Matter of Town of Brookhaven v. New York State Div. of Human Rights, 282 A.D.2d 685, 723 N.Y.S.2d 410).   In view of our determination, we do not address plaintiff's remaining contentions.

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: