MATTER OF ELMWOOD VIL. CHARTER SCH. v. BUFFALO CITY SCH. DIST.

354 CA 20-00629.

195 A.D.3d 1542 (2021)

145 N.Y.S.3d 898

2021 NY Slip Op 03949

In the Matter of Elmwood Village Charter School, Appellant, v. Buffalo City School District, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 17, 2021.


Attorney(s) appearing for the Case

HODGSON RUSS LLP, BUFFALO ( JULIA M. HILLIKER OF COUNSEL), FOR PETITIONER-APPELLANT.

NATHANIEL J. KUZMA , GENERAL COUNSEL, BUFFALO, FOR RESPONDENT-RESPONDENT.

Present—Whalen, P.J., Smith, Curran, Winslow and DeJoseph, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: This litigation concerns funding payments that respondent is required to make to petitioner regarding students with disabilities (see Education Law § 2856[1][b]). Respondent, after an audit by the New York State Comptroller's Office, determined that it had overpaid petitioner for those expenses for a period of approximately 12 years, ending in 2018...

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