Opinion
09-21-2023
Julia Florez, Plaintiff-Appellant, v. P.S. 3 Charrette School, Defendant-Respondent.
Unpublished Opinion
MOTION DECSION
PRESENT: Hagler, P.J., Brigantti, James, JJ.
PER CURIAM.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Kim M. Parker, J.), entered August 26, 2022, which granted defendant's motion to dismiss the complaint, and an order (same court and Judge), entered October 24, 2022, which denied her motion for leave to reargue the prior order.
Order (Kim M. Parker, J.), entered August 26, 2022, affirmed, without costs. Appeal from order (Kim M. Parker, J.) dated October 24, 2022, dismissed, without costs, as nonappealable.
Civil Court properly dismissed plaintiff's harassment and defamation action against defendant public school, since plaintiff failed to file a notice of claim within the applicable three-month statutory period (see Education Law § 3813[1]) and never timely sought permission of the court for a filing extension (see Education Law § 3813[2-a] and [2-b]; Gondal v New York City Dept. of Educ., 19 A.D.3d 141 [2005]; Bazile v City of New York, 94 A.D.3d 929, 930 [2012]).