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[a]).
Read more detail on Recent Administrative Law Posts –Legal notice about the An Education Law §3813(1) "Notice of Claim" is required only in the event money damages are sought rubric : Hukuki Net Legal News is not responsible for the privacy statements or other content from Web sites outside of the Hukuki.net site. Please refer the progenitor link to check the legal entity of this resource hereinabove.
Do you need High Quality Legal documents or forms related to An Education Law §3813(1) "Notice of Claim" is required only in the event money damages are sought?