Opinion
November 9, 1987
Appeal from the Supreme Court, Suffolk County (Brown, J.).
Ordered that the judgment is affirmed, with costs.
A review of the record reveals that the Supreme Court, Suffolk County, properly found no triable issues of material fact, thereby entitling the plaintiff to summary judgment (see, CPLR 3212 [b]; Capelin Assocs. v. Globe Mfg. Corp., 34 N.Y.2d 338). The undisputed chronology of events clearly indicates that the pupil in question was a resident of Port Jefferson at the time the Department of Social Services assumed responsibility for her support and maintenance (see, Education Law § 3202 [a]; Matter of Jeter v. Ellenville Cent. School Dist., 41 N.Y.2d 283, 285). The Supreme Court's reliance on the definition of "residence" used in Matter of Newcomb ( 192 N.Y. 238, 250-251) was proper. Residence of a temporary nature may be sufficient for purposes of Education Law § 3202 (4) (a) (see, Matter of Delgado v. Freeport Pub. School Dist., 131 Misc.2d 102; Vaughn v. Board of Educ., 64 Misc.2d 60). Mangano, J.P., Thompson, Lawrence and Kunzeman, JJ., concur.