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The ?notice of claim? required Education Law § 3813[1] must be more than an e-mail or an unverified [sworn to] statement

The ?notice of claim? required Education Law § 3813[1] must be more than an e-mail or an unverified [sworn to] statement
Gastman v Department of Educ. of City of New York, 2009 NY Slip Op 01693, Decided on March 10, 2009, Appellate Division, First Department

According to the decision, Gastman had failed to file a timely notice of claim with the New York City Department of Education as required by Education Law §3813[1]. The unexcused failure to file a timely notice is fatal to proceeding with such a complaint.

In this instance Supreme Court ruled that Gastman?s ?unverified letters and emails to various Department of Education personnel, ?each addressing different aspects of her complaints,? did not constitute a notice of claim? within the meaning of the Education Law.

The Appellate Division agreed and dismissed Gastman?s appeal.

Further, said the Appellate Division, Gastman?s application for leave to file a late notice of claim was submitted after the one-year statute of limitations had expired and thus it also must be denied as untimely, citing Education Law §3813[2-b].

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_01693.htm

Full post as published by New York Public Personnel Law on March 12, 2009 (boomark / email).