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Little Flower Children & Family Serv. of N.Y. v Wyandanch Union Free School Dist. 2009 NY Slip Op 32786(U) November 23, 2009 Supreme Court, Suffolk County Docket Number: 4132/2008 Judge: Peter H. Mayer Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

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INDEX NO. 4 132-2008

SUPREME COURT - STATE OF NEW YORK I.A.S. PART 17 - SUFFOLK COUNTY

PRESENT:
1 l o l l . P E E R H. MAYER .Justice of the Supreme Court
MOTION DATE 3-14-08 ADJ. DATE 10-15-08 Mot. Seq. # 001 - MotD

Devitt Spellman Barrett, LLP Attorneys for Petitioner 50 Route 111 Smithtown, New York 11787 Petitioner,
- against :

Conway Farrell Curtin & ]Kelly, P.C. Attorneys for Respondent 48 Wall Street, 20th Floor New York, New York 10005 Christine Malafi, Esq. Suffolk County Attorney Attorney for Additional Respondent H. Lee Dennison Building 100 Veterans Memorial Highway Hauppauge, New York 11788-0099

Respondent.
S i i FOLK ('OUVTY S( X'IAI, SERVICES,

:

DEPARTMENT OF

Additional Respondent,

X

lipon the reading and filing ofthe followingpapers in this matter: ( I ) Notice ofpetition by the petitioner, dated supporting papers; (2) Verified Answer by the respondent Department of Social Services, dated April 7, '008 arid slipporting papers; (3) Reply Affirmation by the petitioner, dated May 19, 2008, and supporting papers; and after ~ I ? ~ itis counsels' oral arguments in support of and opposed to the motion; and now II
LX !

~ n r i. > 2008, and

I I P O N 11JE DELIBERATION AND CONSIDERATION BY THE COURT ofthe foregoing papers 1
111doixl

argiiment, the motion is decided as follows: it is

ORDERED that the petition (seq. #OOl) of the petitioner, Little Flower Children and Family of N e u York ("Little Flower" or "Agency"), is hereby considered under CPLR Article 78, t Jiicat i o n I aw Articles 8 1 and 89, Social Services Law Sections 398-a and 153, and ClPLR $3001, and is
YI' ICCS

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ittie Flower Children and Family Services v Wyandanch UFSD 1~di.s NO. 41.12-2008
Pqe2
I I C K ~ granted ~ J ~

to the extent set forth herein; and it is further

ORDERED that the respondent, Wyandanch Union Free School District ("Wyandanch" or "the
i)lItict`-).is hereby declared to be the district of residence of the subject student, Denzel McCall, for the p*ri(rd lroin .lanuary 24, 2004 through August 3 1, 2004; and it is further

ORDERED that respondent Wyandanch shall promptly complete the necessary System to Track cc:ouiit for Children ("STAC") form(s) related to the subject student, Denzel McCall, for the period i r o n , .J`tnuar! 24, 2004 through August 31, 2004; and it is further
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ORDERED that respondent Suffolk County Department of Social Services ("Suffolk DSS") is , i u t lil,viLed to promptly thereafter make payment to Little Flower in accordance with said STAC form(s), 111 dii` amount of $37,718.07 for maintenance of Denzel McCall for the period from January 24, 2004 lhroiigh August 3 1, 2004; and it is further ORDERED that the respondent, Suffolk DSS is entitled to reimbursement from Little Flower in the
,mounl of $6.952.30, which represents overpayment accepted by Little Flower pursuant to Copiague's originai STAC form, for services rendered by Little Flower to Denzel from January 24, 2004 through bchi ua1-y 29. 200.1, while Denzel was actually a resident of the Wyandanch district; arid it is further

ORDERED that counsel for petitioner shall promptly serve a copy of this Order upon counsel for .ii! parties via Grst class mail, and shall thereafter promptly file the affidavit(s) of such service with the Cuf`tc)llCounty Clerk. Petitioner Little Flower, is a not-for-profit corporation, organized pursuant to the laws of the State t,t h e m Y ork and authorized to provide, among other services, residential treatment facilities to students piaced with Little Flower. Its residential treatment center provides ayear-round home to approximately 100 srudenls with various disabilities, age eight (8) to sixteen (16). The students residing at the residential trcatment center are those whose interests cannot be properly served in the public schools. These students `tic ))laced with 1,ittle Flower by the Special Education Commission of the school districts in which the i t udcnis reside. Many of these students frequently encounter the criminal justice, foster care, and mental Iicalth ~ysteins.The Little Flower Union Free School District is a special act school district, as defined in ' .,11i i;a t 1on 1 aw 8 40 0 1[8J .
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i'uriumt to Education Law $4402, every person over the age of five ( 5 )and under the age of twenty%

,IIC

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3

)

is entitled to an education in a local public school without payment of tuition. In accordance with

ducat i n n I,aw $4401, Little Flower's services qualify as "special services or programs" to be provided to ial educatiori students. The commissioner of education and the commissioner of social services _IC clop the reimbursement methodology for the maintenance components of approved special act school
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