New York State Court of Claims

New York State Court of Claims

ROBAYO v. THE STATE OF NEW YORK and OUR NEIBORHOOD CHARTER SCHOOL, #2007-028-537, Claim No. 113082, Motion No. M-72708


Synopsis


Claim against a Charter School is dismissed as outside the jurisdiction of the Court of Claims (Education Law § 2853[g]).


Case Information

UID:
2007-028-537
Claimant(s):
NATALEE ROBAYO, an infant by her mother and Natural Guardian, JACQUELINE PEREZ, and JACQUELINE PEREZ, individually
Claimant short name:
ROBAYO
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK and OUR NEIBORHOOD CHARTER SCHOOL
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113082
Motion number(s):
M-72708
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant’s attorney:
FELDMAN, KRAMER & MONACO, P.C.BY: Jason F. Zimmerman, Esq.
Defendant’s attorney:
HON. ANDREW M. CUOMO, ATTORNEY GENERAL
BY: Ellen Matowik Russell, Esq.Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
March 30, 2007
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on Defendant, State of New York’s motion for an order of dismissal:

1. Notice of Motion and Supporting Affirmation of Ellen Matowik Russell, AAG, with annexed Exhibits;


2. Affirmation in Opposition (none received)


Filed papers: Claim

This action seeks recovery for injuries suffered on September 11, 2006, when the infant Claimant was injured in a fall in the playground of the Our World Neighborhood Charter School, in Astoria, Queens, New York. In lieu of answering, Defendant has moved for an order dismissing the Claim on the ground that it does not set forth a cause of action against the State of New York.

Education Law § 2853(1)(c) provides that charter schools are independent and autonomous public schools operated as not-for-profit corporations. Subdivision (1) (g) of that statute provides that civil liability will not attach to the charter entity[1] or Board of Regents and that “[n]either the local school district, the charter entity nor the state shall be liable for the debts or financial obligations of a charter school or any person or corporate entity who operates a charter school.”

Our World Neighborhood Charter School is not an agency or subdivision of the State of New York and civil liability in connection with the operation of the charter school attaches only to its own education corporation. The Court of Claims does not have jurisdiction over actions commenced against such a school, and the State is not responsible for either the school or maintenance of its premises (accord, Jaklitsch v State of New York, Claim No. 109010, Motion No. M-69465, March 22, 2005, Scuccimarra, J.).

Counsel for Claimants has made no submission in opposition to this motion.

Defendant’s motion is granted, and Claim No. 113082 is dismissed.


March 30, 2007
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims




[1]. A “charter entity” is the college, university, museum, educational institution, not-for-profit corporation or for-profit business or corporation to which the application for a charter school is made (Education Law §§ 2851[1][3]). Once established, a charter school is operated by its own “education cooperation”(id, §2853[1][b]).