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FILED: NEW YORK COUNTY CLERK 05/08/2024 02:16 PM INDEX NO. 154265/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/08/2024
EXHIBIT B
FILED: NEW YORK COUNTY CLERK 05/08/2024 02:16 PM INDEX NO. 154265/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/08/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
________________________________________________
In the Matter of the Claim of
ALICIA SARGEANT,
Claimant,
VERIFIED
- against - NOTICE OF CLAIM
BOARD OF EDUCATION OF THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK, and
DAVID C. BANKS, in his official capacity as
Chancellor of the City School District of the City
of New York,
Respondents.
________________________________________________
TO: BOARD OF EDUCATION OF THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK
Office of the Corporation Counsel of the City of New York
100 Church Street
New York, New York 10007
DAVID C. BANKS, in his official capacity as
Chancellor of the City School District of the City of New York
Office of the Corporation Counsel of the City of New York
100 Church Street
New York, New York 10007
PLEASE TAKE NOTICE, that Claimant, ALICIA SARGEANT (“Claimant”),
hereby asserts and gives notice of her claim against the Board of Education of the City School
District of the City of New York (“Board”) and David C. Banks, in his official capacity as
Chancellor of the City School District of the City of New York (collectively “Respondents”),
pursuant to Education Law ¤ 3813 based upon the following facts:
1. The post office address of the Claimant is as follows:
Alicia Sargeant
1764 Bedford Avenue, Apt. 27
Brooklyn, NY 11225
FILED: NEW YORK COUNTY CLERK 05/08/2024 02:16 PM INDEX NO. 154265/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/08/2024
2. The name and address of Claimant's attorney is as follows:
Robert T. Reilly, Esq.
120 Broadway, Suite 1360
New York, NY 10271
Office (212) 228-3382
Mobile (518) 868-1248
(Deena S. Mikhail, of counsel)
3. Respondent Board employed Claimant as a probationary attendance teacher
until it discontinued Claimant's service effective March 5, 2024.
4. The nature of the claim is that Respondents violated the Claimant's rights
days'
pursuant to Education Law § 2573(1)(a) by failing to provide her with sixty (60) written
notice prior to the termination of her probationary period.
5. Respondent Board is a school board organized under and existing pursuant to
the laws of the State of New York and, for all relevant purposes, serves as the government or
public employer of all persons appointed to teach within the New York City Public schools.
6. The City School District of the City of New York commonly performs business
under the name New York City Department of Education ("NYC DOE").
7. At all relevant times herein, David C. Banks was and is the Chancellor of the
NYC DOE, and, pursuant to the Education Law, functions as the Superintendent of schools
and the chief executive officer of the NYC DOE.
8. Respondent Board appointed Claimant to a probationary attendance teacher
position on March 5, 2018.
9. At all relevant times, Respondent Board assigned Claimant to District 13.
10. Claimant remained in this assignment until Respondents discontinued her
probationary appointment.
11. Respondent Board extended Claimant's probationary period on two different
occasions.
2
FILED: NEW YORK COUNTY CLERK 05/08/2024 02:16 PM INDEX NO. 154265/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/08/2024
12. Upon information and belief, Respondent would have completed her
probationary period on or about March 5, 2024.
13. By email dated February 29, 2024 ("Email"), the Department provided to Ms.
Sargeant a backdated letter, dated January 5, 2024 ("Letter") from Janice Ross, Superintendent
of District 13, informing her that her probationary appointment would be discontinued effective
the close of business sixty (60) days from the date of the Letter or the probation completion
date, whichever occurs first.
14. Respondents failed to provide Claimant with the January 5, 2024 prior to the
email sent to her on February 29, 2024.
15. Education Law § 2573(1)(a) provides, in pertinent part, "[e]ach person who is
not to be recommended for appointment on tenure shall be so notified by the superintendent of
schools in writing not later than sixty (60) days immediately preceding the expiration of his
period."
probationary
16. The above provision of law requires that if a probationary teacher is
discontinued preceding the expiration of her probationary period, she is entitled to pay
corresponding to the number of days for which she was not provided with the statutorily
days'
required sixty (60) notice. See Matter of Maria P. Tucker v. Bd. of Educ., Community
School Dist. No. 10, 82 N.Y.2d 274, 277 (1993).
days'
17. Respondent Board failed to provide the requisite sixty (60) written notice
to the Claimant prior to discontinuing her probationary appointment.
18. This claim is for all relief to which the Claimant is entitled, including but not
days' Respondents'
limited to, an award of sixty (60) pay, a declaration that actions were
unlawful and/or improper; damages consisting of all salary benefits, and/or other consideration
that she would have received had Respondents not unlawfully terminated her without the
required notice, and other emoluments of employment in accordance with Education Law
3
FILED: NEW YORK COUNTY CLERK 05/08/2024 02:16 PM INDEX NO. 154265/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/08/2024
§ 2573, and for such other, further, and different relief deemed just and proper, together with
attorneys'
the interest and costs, fees, and disbursements of any legal action related to this
claim.
Dated: New York, New York
April 3, 2024
Respectfully submitted,
ROBERT T. REILLY
Attorney for Claimant
Office & P.O. Address
129 Broadway, Suite 1360
New York, NY 10271
Phone: (518) 868-1248
deena.mikhail@nysut.org
By: /s/9eena S. Afñ60dr
DEENA S. MIKHAIL
Of Counsel
4
FILED: NEW YORK COUNTY CLERK 05/08/2024 02:16 PM INDEX NO. 154265/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/08/2024
VERIFICA TION
STATE OF NEW YORK i
COUNTY OF NEW YORK ) .
A1.ICIA SARGEANT, heing duly sworn. deposes and says: I arn the elaimant herein;
I have read the Notice of Chrim and know the contents :hereof
toregomg and the same are true
to my knowledge, except those matters therein which are stated to be alleged upon information
and belief, and to those maucrs. I believe them to he true.
A ICIA . ARGE. NT
Sw rn to me this
day of Apnl 2024
OTARY PUBLIC
S;vah Consoro
Notary Pott.e, S'.ate of New Yofit "
Registiabon No. 01CO6093886
Q.nd/wd in K·vas CC ant .,
Commh xi Explree June 9,
d
FILED: NEW YORK COUNTY CLERK 05/08/2024 02:16 PM INDEX NO. 154265/2024
4/4/24, 2:49 PM Mail - DaRon Haywood - Outlook
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/08/2024
Proof of service receipt
ServiceECF (Law)
Wed 4/3/2024 2:55 PM
To:Deena Mikhail
WARNING:
This email originated outside of NYSUT. Please DO NOT CLICK links or attachments unless you recognize the sender exactly and
know the content is safe.
This email confirms receipt of email and constitutes proof of service at the Office of the Corporation
Counsel for the City of New York. Please retain it for your records. Please note that the Office of the
Corporation Counsel has accepted service only for the City of New York and entities for which the Law
Department is authorized to accept service, including the Mayor and City Agency Heads named in their
official capacities. Service of process on any individually named parties has not been accepted.
Documents must be submitted as attachments; linked documents will not be accessed and will not be
considered as proper service on the New York City Law Department. All documents submitted after
5:00PM will be considered served on the next business day.
Please be reminded that the Law Department Service Window remains open to accept service of papers
on Tuesdays and Thursdays from 9:00 am until 5:00 pm.
Service of process on individuals should continue to proceed in a manner required by applicable law.
This mailbox is only monitored for service. Please call (212) 356-1140 with any ques ons or concerns.
https://outlook.office.com/mail/inbox/id/AAMkADc3YTZhNWZmLTgwZmUtNDE2Ny1iNzQ4LWFmMmFmY2Q0M2I3ZgBGAAAAAAAJoBUTzBKvTK1qK… 1/1
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FILED: NEW YORK COUNTY CLERK 05/08/2024 02:16 PM INDEX NO. 154265/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/08/2024 EXHIBIT B FILED: NEW YORK COUNTY CLERK 05/08/2024 02:16 PM INDEX NO. 154265/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/08/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ________________________________________________ In the Matter of the Claim of ALICIA SARGEANT, Claimant, VERIFIED - against - NOTICE OF CLAIM BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, and DAVID C. BANKS, in his official capacity as Chancellor of the City School District of the City of New York, Respondents. ________________________________________________ TO: BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK Office of the Corporation Counsel of the City of New York 100 Church Street New York, New York 10007 DAVID C. BANKS, in his official capacity as Chancellor of the City School District of the City of New York Office of the Corporation Counsel of the City of New York 100 Church Street New York, New York 10007 PLEASE TAKE NOTICE, that Claimant, ALICIA SARGEANT (“Claimant”), hereby asserts and gives notice of her claim against the Board of Education of the City School District of the City of New York (“Board”) and David C. Banks, in his official capacity as Chancellor of the City School District of the City of New York (collectively “Respondents”), pursuant to Education Law ¤ 3813 based upon the following facts: 1. The post office address of the Claimant is as follows: Alicia Sargeant 1764 Bedford Avenue, Apt. 27 Brooklyn, NY 11225 FILED: NEW YORK COUNTY CLERK 05/08/2024 02:16 PM INDEX NO. 154265/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/08/2024 2. The name and address of Claimant's attorney is as follows: Robert T. Reilly, Esq. 120 Broadway, Suite 1360 New York, NY 10271 Office (212) 228-3382 Mobile (518) 868-1248 (Deena S. Mikhail, of counsel) 3. Respondent Board employed Claimant as a probationary attendance teacher until it discontinued Claimant's service effective March 5, 2024. 4. The nature of the claim is that Respondents violated the Claimant's rights days' pursuant to Education Law § 2573(1)(a) by failing to provide her with sixty (60) written notice prior to the termination of her probationary period. 5. Respondent Board is a school board organized under and existing pursuant to the laws of the State of New York and, for all relevant purposes, serves as the government or public employer of all persons appointed to teach within the New York City Public schools. 6. The City School District of the City of New York commonly performs business under the name New York City Department of Education ("NYC DOE"). 7. At all relevant times herein, David C. Banks was and is the Chancellor of the NYC DOE, and, pursuant to the Education Law, functions as the Superintendent of schools and the chief executive officer of the NYC DOE. 8. Respondent Board appointed Claimant to a probationary attendance teacher position on March 5, 2018. 9. At all relevant times, Respondent Board assigned Claimant to District 13. 10. Claimant remained in this assignment until Respondents discontinued her probationary appointment. 11. Respondent Board extended Claimant's probationary period on two different occasions. 2 FILED: NEW YORK COUNTY CLERK 05/08/2024 02:16 PM INDEX NO. 154265/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/08/2024 12. Upon information and belief, Respondent would have completed her probationary period on or about March 5, 2024. 13. By email dated February 29, 2024 ("Email"), the Department provided to Ms. Sargeant a backdated letter, dated January 5, 2024 ("Letter") from Janice Ross, Superintendent of District 13, informing her that her probationary appointment would be discontinued effective the close of business sixty (60) days from the date of the Letter or the probation completion date, whichever occurs first. 14. Respondents failed to provide Claimant with the January 5, 2024 prior to the email sent to her on February 29, 2024. 15. Education Law § 2573(1)(a) provides, in pertinent part, "[e]ach person who is not to be recommended for appointment on tenure shall be so notified by the superintendent of schools in writing not later than sixty (60) days immediately preceding the expiration of his period." probationary 16. The above provision of law requires that if a probationary teacher is discontinued preceding the expiration of her probationary period, she is entitled to pay corresponding to the number of days for which she was not provided with the statutorily days' required sixty (60) notice. See Matter of Maria P. Tucker v. Bd. of Educ., Community School Dist. No. 10, 82 N.Y.2d 274, 277 (1993). days' 17. Respondent Board failed to provide the requisite sixty (60) written notice to the Claimant prior to discontinuing her probationary appointment. 18. This claim is for all relief to which the Claimant is entitled, including but not days' Respondents' limited to, an award of sixty (60) pay, a declaration that actions were unlawful and/or improper; damages consisting of all salary benefits, and/or other consideration that she would have received had Respondents not unlawfully terminated her without the required notice, and other emoluments of employment in accordance with Education Law 3 FILED: NEW YORK COUNTY CLERK 05/08/2024 02:16 PM INDEX NO. 154265/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/08/2024 § 2573, and for such other, further, and different relief deemed just and proper, together with attorneys' the interest and costs, fees, and disbursements of any legal action related to this claim. Dated: New York, New York April 3, 2024 Respectfully submitted, ROBERT T. REILLY Attorney for Claimant Office & P.O. Address 129 Broadway, Suite 1360 New York, NY 10271 Phone: (518) 868-1248 deena.mikhail@nysut.org By: /s/9eena S. Afñ60dr DEENA S. MIKHAIL Of Counsel 4 FILED: NEW YORK COUNTY CLERK 05/08/2024 02:16 PM INDEX NO. 154265/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/08/2024 VERIFICA TION STATE OF NEW YORK i COUNTY OF NEW YORK ) . A1.ICIA SARGEANT, heing duly sworn. deposes and says: I arn the elaimant herein; I have read the Notice of Chrim and know the contents :hereof toregomg and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and to those maucrs. I believe them to he true. A ICIA . ARGE. NT Sw rn to me this day of Apnl 2024 OTARY PUBLIC S;vah Consoro Notary Pott.e, S'.ate of New Yofit " Registiabon No. 01CO6093886 Q.nd/wd in K·vas CC ant ., Commh xi Explree June 9, d FILED: NEW YORK COUNTY CLERK 05/08/2024 02:16 PM INDEX NO. 154265/2024 4/4/24, 2:49 PM Mail - DaRon Haywood - Outlook NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/08/2024 Proof of service receipt ServiceECF (Law) Wed 4/3/2024 2:55 PM To:Deena Mikhail WARNING: This email originated outside of NYSUT. Please DO NOT CLICK links or attachments unless you recognize the sender exactly and know the content is safe. This email confirms receipt of email and constitutes proof of service at the Office of the Corporation Counsel for the City of New York. Please retain it for your records. Please note that the Office of the Corporation Counsel has accepted service only for the City of New York and entities for which the Law Department is authorized to accept service, including the Mayor and City Agency Heads named in their official capacities. Service of process on any individually named parties has not been accepted. Documents must be submitted as attachments; linked documents will not be accessed and will not be considered as proper service on the New York City Law Department. All documents submitted after 5:00PM will be considered served on the next business day. Please be reminded that the Law Department Service Window remains open to accept service of papers on Tuesdays and Thursdays from 9:00 am until 5:00 pm. Service of process on individuals should continue to proceed in a manner required by applicable law. This mailbox is only monitored for service. Please call (212) 356-1140 with any ques ons or concerns. https://outlook.office.com/mail/inbox/id/AAMkADc3YTZhNWZmLTgwZmUtNDE2Ny1iNzQ4LWFmMmFmY2Q0M2I3ZgBGAAAAAAAJoBUTzBKvTK1qK… 1/1