CHARTER SCHOOL FOR APPLIED TECHNOLOGIES DOMINIQUE WILSON AS PARENT AND NATURAL GUARDIAN OF MICHAEL EPPERSON AN INFANT AND TONYA ROBINSON AS PARENT AND NATURAL GUARDIAN OF NOELLE CLARK NAILAH ROBINSON AND LAYLA ROBINSON INFANTS PLAINTIFFS RESPONDENTS v. APPEAL NO (2013)

Supreme Court, Appellate Division, Fourth Department, New York.

CHARTER SCHOOL FOR APPLIED TECHNOLOGIES, DOMINIQUE WILSON, AS PARENT AND NATURAL GUARDIAN OF MICHAEL EPPERSON, AN INFANT, AND TONYA ROBINSON, AS PARENT AND NATURAL GUARDIAN OF NOELLE CLARK, NAILAH ROBINSON, AND LAYLA ROBINSON, INFANTS, PLAINTIFFS–RESPONDENTS, v. BOARD OF EDUCATION FOR CITY SCHOOL DISTRICT OF CITY OF BUFFALO, DEFENDANT–APPELLANT. (APPEAL NO. 2.)

CA 12–00937

Decided: April 26, 2013

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.

HISCOCK & BARCLAY, LLP, BUFFALO (JAMES P. MILBRAND OF COUNSEL), FOR DEFENDANT–APPELLANT. RUPP, BAASE, PFALZGRAF, CUNNINGHAM & COPPOLA LLC, BUFFALO (LISA A. COPPOLA OF COUNSEL), FOR PLAINTIFFS–RESPONDENTS.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously vacated without costs, the amended order entered March 5, 2012 is modified on the law by denying those parts of plaintiffs' motion with respect to the first and second causes of action in their entirety and by granting defendant summary judgment dismissing the first cause of action, and as modified the amended order is affirmed and the matter is remitted to Supreme Court, Erie County, for a trial on the issue of liability.

Same Memorandum as in Charter School for Applied Tech. v Board of Educ. for City School Dist. of City of Buffalo ( [appeal No. 1] _ AD3d _ [Apr. 26, 2013] ).

Frances E. Cafarell

Clerk of the Court

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