Laura Siclari Garners Discovery Win in Case Against NYC Private School
The New York State Supreme Court on Sept. 22, 2016 ordered a Manhattan private school to produce documents and submit for depositions in an investigation that led to a student being told to leave or face expulsion.
Without the documents, the court said it could not determine whether the school followed its procedures and acted rationally.
The student, a ninth grader, was found to have inhaled from a water vaporizer pen at school with several other students, but was the only student forced to leave.
The family’s Article 78 proceeding/breach of contract action, brought by MARC attorney Laura A. Siclari, contends that the school failed to comply with its own rules. The school produced only heavily redacted and limited documents in its answering papers, prompting the petitioners to move for leave to conduct discovery.
In Article 78 special proceedings, discovery is not permitted absent an order of the court and only in exceptional circumstances. Historically, courts have granted such motions sparingly. Thus, the court’s ruling marks a strong win for the petitioners in their action against the school.