BOARD OF EDUCATION OF THE CENTRAL ISLIP UNION FREE SCHOOL DISTRICT v. BOARD OF EDUCATION OF THE BRENTWOOD UNION FREE SCHOLL DISTRICT


262 A.D.2d 439 (1999)

691 N.Y.S.2d 325

BOARD OF EDUCATION OF THE CENTRAL ISLIP UNION FREE SCHOOL DISTRICT, Appellant, v. BOARD OF EDUCATION OF THE BRENTWOOD UNION FREE SCHOOL DISTRICT, Respondent. (Action No. 1.) BOARD OF EDUCATION OF THE CENTRAL ISLIP UNION FREE SCHOOL DISTRICT, Appellant, v. BOARD OF EDUCATION OF THE BRENTWOOD UNION FREE SCHOOL DISTRICT, Respondent. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 14, 1999.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was for summary judgment in its favor in both actions is granted.

The plaintiff made a prima facie showing that it was entitled to summary judgment on its claim for tuition reimbursement pursuant to Education Law § 3202 (4), thereby shifting the burden to the defendant to demonstrate that a triable issue of fact exists by submission...

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