|
Garrison School and St. Basil Counter Motions for Summary Judgments Denied
Legal actions against each organization to move forward
by Margaret Sternberg
On February 7, 2007 New York State Supreme Court Justice Andrew P. O'Rourke issued a decision denying the Garrison Board of Education's motion for summary judgment against St. Basil Academy. In the same decision, Justice O'Rourke denied St. Basil's counterclaim for a summary judgment against the Garrison Board of Education.
Garrison had requested reimbursement for tuition costs for educating St. Basil's students during the 2003-4 school year and for dismissal of St. Basil's counterclaim for damages caused by Garrison failing to remit Title I funds under the Elementary and Secondary Education Act and under the No Child Left Behind Act (NCLBA).
St. Basil counterclaimed for a summary judgment dismissing Garrison's motion for a summary judgment, and for an order setting a "proper measure of damages for tuition attributable to St. Basil and judgment [on Garrison's retention of St. Basil's Title I funds] under NCLBA."
In explaining the decision, Justice O'Rourke said there are "serious questions" on whether Garrison had complied with decisions relating to efforts by the Garrison School District to collect monies from the home school districts of the St. Basil's children who attended the Garrison School in 2003-4. Justice O'Rourke wrote, "There is no evidence that the Garrison School District made 'due diligence' to collect tuition from the responsible districts. Letters and summon and complaint without complete prosecution is not 'due diligence.'"
O'Rourke questioned Garrison's calculation of tuition under the Seneca Falls formula, which attributed over 30 percent of the school's budget to the 22 St. Basil children who attended the school, writing "Logically that seems unlikely."
O'Rourke also noted that the District had not explained how the Title I money for the St. Basil children was used with reference to their education or tuition.
Finally, O'Rourke wrote, without explanation, that the issues existing did not allow for the granting of St. Basil's motion for a summary judgment.
Sal Ferlazzo, the attorney acting as spokesperson for Garrison, was out of town and could not be reached for comment. Greg Horowitz, the attorney representing St. Basil, said, "We are very pleased with the decision." The parties are next scheduled to appear before Justice O'Rourke on February 26 at 9:30am.
Providing local news, information and opinions from
Philipstown and Putnam Valley, NY
Encompassing the Villages of Cold Spring and Nelsonville,
and the hamlet of Garrison, Putnam County, NY.
This site is a publication of The Putnam County News and Recorder, the source for news and information of the Philipstown
and Putnam Valley area. The PCN&R is 139
years old, published in hard copy every Wednesday, and circulated throughout Putnam
County, NY.
The PCN&R prints LEGAL NOTICES
for: Putnam County, The Town of Philipstown, The Town of Putnam Valley, Village of Cold Spring, Village of
Nelsonville, the Haldane Union Free School District and the Garrison Union Free School
District.
Deadline for printed press releases, advertisements and classifieds is Monday at noon for
Wednesday publication. This site is updated on an as-needed basis with a minimum update
weekly on Thursdays. For further information or to request a subscription to the paper, please
contact us with your name and mailing address at:
(845) 265-2468 PO Box 185, Cold Spring, NY 10516, or e-mail us at editor@pcnr.com
If you see an advertiser on line, tell them! | Click ads below
for larger version
|
