os oF
‘Tue Law Firat oF FRANK W. MILLER, PLLC
Attorneys and Counselors at Law
16575 Kine Road
ast Syracuse New York 13087 Received
“Telephone: (315) 234-9900
Fax (315) 234.9908 APR I 8 2022
friteremileraw i. com
(eat pe CC Legislature
‘oma en
April 11,2022
Via Certified Mail, Ren Receipt Cenitied Mail, Retum Receipt
Requested #7018183000003752896 Requested #70181830000203752889
Hon. Chris Moss Hon, Rodney Stange
Chemung County Executive Chairman, Board of Supervisors
PO Box 588 386 Raccrest Circle
Imire, NY 14902 Elmira, NY 14904
‘Via Certified Mail, Return Receipt Via Cenified Mail, Return Receipt
Requested #70181830000203753039 Requested #70181830000203753022
Hon, Jenifer Farman Cindy Kalweit
Chemung County Treasurer Clerk, County Legistaure
PO Box 588 203 Lake St, #5
Elmira, NY 14902 Elmira, NY 14901
Re: Matter of Lewis Cloke v. Elmira City School District
SED Case No. 535871
Dear Representatives of Chemung County:
We are te atlomeys forthe Elmira City School District and represent tin connection
withthe enclosed Notice of Claim. Enelosed for service upon you, pursuant to General
“Municipal Law § 50-6, please find the Notice of Claim by the Elmira City School District,
Please contact the undersigned should you have any questions regarding the same,
"HE LAW FINO OF FRANK W pLLER PLLC
eh
ik W. Miller”
evo
(Ce: Sara Lattin, President, Board of Education (wiene.)
Hillary Austin, Superintendent of Schools (wiene))SUPREME COURT
STATE OF NEW YORK COUNTY OF CHEMUNG
inthe
(er ofthe Claims of
‘The Elmira City Sekoo! District,
Claimant, VERIFIED NOTICE OF CLAIM
PURSUANT TO GENERAL
MUNICIPAL LAW § 50-e.
(Chemung County,
Respondent.
PLEASE TAKE NOTICE thatthe Elmire City School District, with offices at 430
'W. Washington Avenue, Elmira, New York, 14901, by and through its attorneys The Law
Firm of Frank W. Miller, PLLC, hereby asserts a notice of claim against Chemung County
for reimbursement of all costs, tuition, fees, expenses, and any other item of assessed
damage or financial claim for which the Elmira City School District is or may be held
responsible in case entitled Mat nd R.C. on behalf of LC. v. Elmira
School District, SED Case No. 53587. Said claim is forthe reimbursement of private
school tution forthe enrollment ofthe preschool student, related mileage/transportaton
expenses, incidental expenses, attorney's fees tothe Claimant's attorneys, an such ater
costs, fees, and expenses as the Elmira City Schoo! District may be subject to as an outcome
of said litigation
1. This claim is based upon the statutory and legal entitlement ofthe
Elmira City School District to receive full reimbursement from the County for those costs,fees, and expenses for the pre-school education of said student whois the subject ofthis
dispute.
2. ‘The time, place, and manner in which the claim arose is that in school
years 2018-2018, 2019-2020, and/or 2020-2021, the sud parents of sad minor child
enrolled such child in a private school. This is a pre-school education program. Claimants
contend that the County of Chemung was responsible for those costs, fes, and expenses for
the schoo! years in question, as well as each and every item of expense thereafter. In letter
dated January 14, 2022, the County, through its attomey, rejected any claim by the School
District for reimbursement ofthe students tution and related claims,
Itis preseetly estimated thatthe total ofthe claim is $23,276.80, with
interest thereon. Additionally, ender relevant law, the attomeys forthe Claimants will also
have a claim for atiomey’sfeesin an amount yet tobe determined,
4. The manner in which this claim arose is that the child was enrolled in a
private school in order to recei
pecial education services. An Impartial Hearing Officer
ruled thatthe student was entitled to be reimbursed for thos tuition expenses, along with
mileage and other related expenses. Additionally, the students attorneys wll be entitled to
collect attomey’s fees forthe rearesentation ofthe student and his parents in connection
‘with such proceeding. Under relevant law, the County is responsible to reimburse the
school district forall those pre-school tuitions, costs, fees, and expenses as wel as the
stiomey’s fees yet 1 be determined, despite the rejection by the County
5. The items of dameges or injuries claimed by the Elmira City School
District have not been finally determined as ofthis date but may include attomey’s fees yet
tobe determined, plus the costs fees, and interes thereon,6. The Elmira City School District reserves the right to supplement his
Notice of Claim, including the adjustment of the amount claimed.
7. The Elmira City School District is represented by The Law Fit
of
Frank W. Miller, PLLC, at 6575 Kirkville Road, East Syracuse, New York, 13057, phene
‘number (315) 234-9900, fex number (315) 234-9908, e-mail fiiller@fumilleawfiemcom.
WHEREFORE, the Claimant Elmira City Schoo! District hereby gives noice
Pursuant to General Municips! Law § 50-¢ ofits claim in the amount of $23, 276.80 with
interest thereon, together with reasonable atiomey’sfes to be assessed, plus any additonal
costs, fees, or exyenses tobe awarded
Dated: April 8, 2022
East Syracuse, NY ‘The Law Firm of Frank W.
By = fl
filler, Esq,
6575 Kirkville Road
East Syracuse, NY 13037
Telephone: (315) 234-9900
Fax: (35) 234.9908
iller@fwmilleelaw irm.com
ler, PLLCSUPREME CouRT
STATE OF NEW YORK COUNTY OF CHEMUNG
In the Matter of the Claims of
The Elmira City School District,
Claimant, ATTORNEY VERIFICATION
‘Chemung County,
Respondest,
|, Frank W. Miller, being duly sworn, depose and say:
1, Lam an attorney at law, duly licensed to practice inthe State of New York and
I serve as the General Count! for the Elmira City School District, the Claimant in the
underlying action,
2. Thave read the foregoing Notice of Claim and know the contents thereof to be
true to the best of my knowledge except as to those matters alleged to be upon information
and be
3. I have personally handled the underlying litigation conceming the special
education matter which forms tke basis for this claim for reimbursement from the County.
4. ‘This verification is made by me because | have direct personal knowledge of
‘the matters involved in this case and have communicated with the County on these issues and
hhave personally received the rejection of the claim from the Assistant County Attorney.
5. I make this verification upon the further ground that I maintain an office for the
Practice of law outside of Chemung County, specifically our office is located in Onondaga
County,
6. ‘The further basis of my assertions herein are based upon the pleadings and
public records maintained therein,
7. ‘The undersigned affirms that the foregoing statements and the statements
contained in the Notice of Clsim are true, except for those matters alleged to be uponinformation and belief and as to those matters, those statements are believed tobe true
Less.
Frank W. Miller, Esq:
‘Swom to before me this
8" day of April, 2022,
Notary Public
Thomas 1 Murphy, Esq,
Slate of New Yok
(talified ia Onondaga County
Reg. Nos 4888027
Comm. Expires: 1/3023