Crvelin v. Bd. of Educ. of City Sch. Dist. of Niagara Falls
| Decision Date | 18 November 2016 |
| Citation | 2016 N.Y. Slip Op. 07783,43 N.Y.S.3d 614,144 A.D.3d 1649 |
| Parties | Melina CRVELIN, Plaintiff–Appellant, v. BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF CITY OF NIAGARA FALLS, Russell Petrozzi, Carmelette Rotella, Arthur Jocoy, Jr., Christopher H. Brown, James Cancemi, Kevin Dobbs, Robert Kazaengin, Jr., Don J. King, Nicholas Vilardo, Cynthia A. Bianco, Angelo Massaro and Philip Mohr, Defendants–Respondents. |
| Court | New York Supreme Court — Appellate Division |
144 A.D.3d 1649
43 N.Y.S.3d 614
2016 N.Y. Slip Op. 07783
Melina CRVELIN, Plaintiff–Appellant,
v.
BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF CITY OF NIAGARA FALLS, Russell Petrozzi, Carmelette Rotella, Arthur Jocoy, Jr., Christopher H. Brown, James Cancemi, Kevin Dobbs, Robert Kazaengin, Jr., Don J. King, Nicholas Vilardo, Cynthia A. Bianco, Angelo Massaro and Philip Mohr, Defendants–Respondents.
Supreme Court, Appellate Division, Fourth Department, New York.
Nov. 18, 2016.
Law Offices of John P. Bartolomei & Associates, Niagara Falls (Matthew J. Bird of Counsel), for Plaintiff–Appellant.
Hurwitz & Fine, P.C., Buffalo (Michael F. Perley of Counsel), for Defendants–Respondents.
PRESENT: SMITH, J.P., CARNI, LINDLEY, DeJOSEPH, AND SCUDDER, JJ.
MEMORANDUM:
Plaintiff commenced this action seeking damages for, inter alia, defamation and intentional infliction of emotional distress. According to plaintiff, defendants engaged in a process to wrongfully terminate her employment as a teacher in the City of Niagara Falls School District (District) based upon her alleged violation of the District's residency policy. During that process, defendant Board of Education of City School District of City of Niagara Falls (Board of Education) undertook an investigation and ultimately passed a resolution concluding that plaintiff had violated the residency policy and directed that the process to terminate plaintiff's employment be commenced. Plaintiff commenced a CPLR article 78 proceeding to challenge that process, but retired before the District terminated her employment. During the litigation of the proceeding, defendant Angelo Massaro, legal counsel for the District, made written statements in a memorandum of law submitted to the court that, according to plaintiff, were defamatory. Defendants, asserting various absolute privileges and immunities, moved for summary judgment seeking dismissal of the complaint in its entirety, and Supreme Court granted the motion. We affirm.
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