Practice point: Plaintiff's unverified letters and emails to the Department of Education do not constitute a notice of claim, within the meaning of Education Law § 3813[1].
Practitioners should note that plaintiff's application for leave to file a late notice of claim will be denied as untimely if it is made beyond the one-year statute of limitations.
Case: Gastman v. Department of Educ. of City of New York, NY Slip Op 01693 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Administrative Law.
