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, PLLCSUPREME 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 uponinformation 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