PRESENT: WHALEN, P.J., LINDLEY, BANNISTER, OGDEN, AND DELCONTE, JJ.

MOTION NO. 970-23
CA 22-01908

AL 557 DOE, PLAINTIFF-RESPONDENT, V CENTRAL VALLEY CENTRAL SCHOOL DISTRICT, FORMERLY KNOWN AS ILION CENTRAL SCHOOL DISTRICT, CENTRAL VALLEY CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, FORMERLY KNOWN AS ILION CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, DEFENDANTS-APPELLANTS, AND EAST FRANKFORT SCHOOL, DEFENDANT.

Defendants-appellants having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered May 10, 2024,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks reargument is denied, and

It is further ORDERED that the motion insofar as it seeks leave to appeal to the Court of Appeals is granted, this Court being of the opinion that a question of law has arisen that ought to be reviewed by the Court of Appeals, and the following question is hereby certified: "Whether, pursuant to Education Law §§ 1517, 1518, and/or 1804, a plaintiff may maintain an action for damages against a centralized school district based on tortious conduct allegedly attributable to a former component school district, where the statute of limitations applicable to the plaintiff's claims had expired as of the date of the merger and/or consolidation which formed the newly centralized school district but was subsequently revived pursuant to the Child Victims Act (see CPLR 214-g)?" .

Entered: September 27, 2024

Ann Dillon Flynn

Clerk of the Court