Hardin v Northport-East Northport Union Free School Dist.

[*1] Hardin v Northport-East Northport Union Free School Dist. 2004 NY Slip Op 50636(U) Decided on June 22, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 22, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT:McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
NO. 2003-1092 S C

DARRYN HARDIN, Appellant,

against

NORTHPORT-EAST NORTHPORT UNION FREE SCHOOL DISTRICT, Respondent.

Appeal by plaintiff from an order of the Small Claims Part of the District Court, Suffolk County (P. Barton, J.), entered on June 9, 2003, which granted defendant's motion to dismiss the action.

Order unanimously affirmed without costs.

Upon a review of the record in this small claims action, substantial justice has
been done between the parties according to the rules and principles of substantive law
(see UDCA 1807) in view of plaintiff's failure to comply with the notice of claim requirement of Education Law § 3813 (1), which is a condition precedent to bringing an action against a school district or a board of education (Parochial Bus Systems v Board of Educ. of City of N.Y., 60 NY2d 539, 547 [1983]).
Decision Date: June 22, 2004