| Certificate of Designation |
| For Service of Notice of Claim |
| of |
| WEST BABYLON UNION FREE SCHOOL DISTRICT |
| (Pursuant to Section 53 of the General Municipal Law) |
| It is hereby certified that: |
| FIRST: WEST BABYLON UNION FREE SCHOOL DISTRICT is a public corporation as defined in Section 66 of the General Construction Law of the State of New York. |
| SECOND: The name of the public corporation is: WEST BABYLON UNION FREE SCHOOL DISTRICT |
| THIRD: The principal location of the public corporation is in the county of: SUFFOLK |
| FOURTH: The public corporation hereby designates the Secretary of State of the State of New York as its agent upon whom a Notice of Claim against the public corporation may be served. |
| FIFTH: The name, post office address and email address of an officer, person or designee, nominee or other agent-in-fact to which the Secretary of State shall transmit a copy of any Notice of Claim served upon the Secretary of State as the Public Corporation’s agent is: |
| Post Office Address: | AMY E. JONES
10 FARMINGDALE ROAD WEST BABYLON, NY 11704 |
| Email Address: | AJONES@WBSCHOOLS.ORG |
| SIXTH: The time limit for service of a Notice of Claim upon the public corporation is: Actions that relate to the rights of the district - The notice of claim in this type of lawsuit must be filed within 3 months after the accrual of the claim. Actions involving a claim for the payment of money owed arising out of a contract - These claims are deemed to accrue as of the date on which payment for the amount claimed was denied. Actions involving a tort claim for personal injury - The notice of claim must be made and served upon the district within 90 days after the claim arose. |
| SEVENTH: Any statutory provisions uniquely pertaining to the public corporation and the commencement of an action or proceeding against it are as follows: Can the time for the filing of a notice of claim be delayed? Yes, in cases involving infants. Where the person entitled to commence an action is an infant at the time the cause of action accrues, the statute of limitations for filing a claim against a municipality, including a school district, is tolled (frozen in time) until the child turns 18. Can the late filing of a notice of claim be excused? Sometimes. Upon application, a court, at its discretion, may extend the time to serve the notice of claim on the school district, but not beyond the statute of limitations for the bringing of the lawsuit, and never beyond one year. In one case a mother was able to file a late notice three years after her child was allegedly sexually abused on a school bus. The child did not show symptoms of the abuse until more than three years later. Not only was there a nexus between the delay and the child’s infancy, but also the district was not prejudiced by the late filing because it had learned of the facts at the time of the incident and even offered counseling to the child. Can a lawsuit against a school district proceed without the filing of a notice of claim at all? Sometimes. Moreover, the notice of claim requirements are inapplicable to employment discrimination complaints filed with the New York State Division of Human Rights for that agency’s administrative review. The same is not true with respect to a lawsuit filed against a school district as opposed to a complaint with the Division of Human Rights. In the case of a lawsuit, a plaintiff must first file a notice of claim with the district Can the commencement of other types of proceedings substitute for service of a notice of claim upon a school district? Sometimes. |
| EIGHTH: The New York State Vendor Identification Number (Vendor ID) for the public corporation is: REDACTED |
| Note: If the public corporation does not have a Vendor ID issued by the Office of the State Comptroller the Department of State will contact the public corporation regarding issuance of a Vendor ID when fees for service of Notices of Claim are available for distribution. The public corporation will not receive distributions of its share of fees for service of Notices of Claim until it has been assigned a Vendor ID by the Office of the State Comptroller. |
| NINTH: Distributions to the public corporation for its share of fees for service of Notices of Claim will be sent to the following Remittance Address: |
| WEST BABYLON UFSD
200 OLD FARMINGDALE ROAD WEST BABYLON, NY 11704 |
| Note: The Remittance Address for public corporations with a Vendor ID must match the public corporation’s Remittance Address in the New York State Vendor Management System. If the Remittance Address provided does not match the address on file in the New York State Vendor Management System, the public corporation’s share of fees cannot be distributed. To update the public corporation’s Remittance Address on file in the New York State Vendor Management System the public corporation must access and update its vendor record at www.osc.state.ny.us. | ||
| Date: July 08, 2013 | ||
| JENNIFER BUSCEMI | EXECUTIVE DIRECTOR FOR FINANCE AND OPERATIONS | |
| Signature | Title of Signer |
| FILED BY THE NYS DEPARTMENT OF STATE ON: 07/08/2013 |
| FILE NUMBER: 20130708000453 |