Professional Documents
Culture Documents
60109/2016
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In the Matter of the Claim of:
J.L. an infant by his Mother and
ANONYMOUS PARENT,
atural Guardian
Claimant,
DECISION
& ORDER
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WOOD,.J.
The following papers were read in connection with claimant's motion by order to show
cause as against respondent Chappaqua Central School District ("the District"). and Christopher
Schraufnagel ('the teacher"):
Respondent
Christopher Schraufnagel ("the teacher"), was a drama teacher at that school at the time that JL
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another person who had formerly been a student at the school. [t was then that JL's parents first
learned of the alleged sexual abuse and other inappropriate
behavior
and other students of the school. On June 15, 2015, an email was circulated
the school which generally addressed
on June 16,2015,
correspondence
was addressed
theater program.
by the principal
for
part:
to the record, the teacher was arrested and faces charges of one felony count of
sexual abuse.
Claimant
the welfare of a
for leave to
A notice of claim must be served within 90 days after the claim arises upon a school
district before an injured person may commence
Law 93813[2]; General Municipal
limitations
U.F.S.D.,
v Massapequa
2 of 7
301
whether to grant leave to serve a late notice of claim upon a school district,
the court must consider whether (1) the school district acquired actual knowledge
of the essential
facts constituting
was an infant at the time the claim arose and. if so. whether there was a nexus
infancy and the failure to serve a timely notice of claim, (3) the petitioner
a reasonable
excuse for the failure to serve a timely notice of claim, and (4) the
Actual knowledge
prejudiced
theories themselves"
its defense on
the facts that underlie the legal theory or theories on which liability is predicated
[proposed]
time thereafter,
of
in the
(Lewis v E. Ramapo Cent. Sch. Dist., 110 AD3d 720, 721 [2d Dept 2013]).
of the court (Doe v Goshen Cent. Sch. Disc, 13 AD3d 526 [2d Dept 2004]). Despite that the
infancy of the injured paI1y is not, in itself, a reasonable
notice of claim, it is a factor that the court must consider (Melissa G. v N. Babylon U.F.S.D .. 50
AD3d 901,903
and ninety days from the time infant claimant reaches the age of eighteen
yet reached the age of eighteen years; there is a reasonable
of claim against respondents
that such decision to file a claim was that JL's parents paramount
concern was JL's well being and as soon as they were confident
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interest to move forward, they sought legal advice, and counsel soon after filed this application;
and respondents
maintaining
cannot show that the delay in serving then notice of claim will prejudice
their
attesting
that JL was
and is presently a student at the school. On June I L 20 IS, JL, along with another student who
recently graduated,
the teacher with them and other students that had been ongoing.
husband were contacted
been diagnosed
Subsequently,
Claimant
with PTSD due to these traumatic events and her first concern was to help JL.
She had great concern about any further trauma in affecting the remaining
therapist's
years of JL at school.
together with the
& Cannavo,
it
P.c."
Ex A).
The record shows that JL is still a minor and has not reached the age of majority.
While
the injured person here is an infant, the factor of infancy alone does not compel the granting of a
petition for leave to serve a late notice of claim, although JL's infancy weighs in favor of
granting leave (Sparrow
v Hewlett Woodmere
demonstrated
U.F.S.D.,
actual knowledge
investigation,
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evidence
of the essential
claimants'
behavior
allegations
to the assistant
an immediate
investigation.
and continuing
According
for an extended
There is also
to the proposed
alleged inappropriate
The criminal
constituting
of the
Cent. Sch. Dist.. 110 AD3d 720, 722 [2d Dept 2013]).
In conclusion,
balancing
the required factors as the court must. the record shows that the
./L.
Law ~ 50-e(5)
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claimant
shall be
of the infant
assertions,
claimant represents
the decision
court.
Now, for the stated reasons above. it is hereby
ORDERED
that claimant's
that claimant
on behalf of her
that claimant
shall serve a copy of this order with notice of entry upon all of
the parties to this action within ten (10) days of entry, and file proof of service within five (5)
days of service in accordance
Dated:
September 14. 20 I 6
White Plains. New York
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To:
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P.c.