Syosset Board OKs Participation in Nassau County Assessment‑Fund Litigation to Preserve District Rights

The Syosset Central School District Board of Education voted to participate in litigation pending in Nassau County Supreme Court involving commercial assessments, a move board counsel said preserves the district’s right to any potential reimbursement.

Neil Block, Esq., of Engerman and Smith told the board the case concerns an assessment fund to which commercial entities contribute and that, if assessments are reduced by more than 10 percent on challenge, that fund is used to pay refunds. Because a judge has sought to include school districts in related proceedings, Block recommended the district join the litigation rather than sign a stipulation waiving its potential interest.

Block said the legal strategy is to participate initially to protect the district’s position and then, if appropriate, move to dismiss the district as not a necessary party because there is no viable cause of action against the district. “We’re advising that we do participate in the litigation,” Block said, noting the approach preserves rights without conceding entitlement or waiving recovery.

During the meeting the board read a resolution authorizing participation in the case titled “99 Lakeville Road versus Jefferson et al., Supreme Court Nassau County, Index number 000145‑2019,” and authorizing counsel to appear for the district. Miss Levitan moved the resolution and Mr. Feldman seconded; the chair called the vote in the usual form, and the motion was accepted as read (vote tally not specified in the public record).

The board did not record a roll‑call vote or a specific tally in the transcript. Counsel and the superintendent said the district would preserve its rights and that any future decision to withdraw or otherwise alter participation would be a subsequent board action.

The board also indicated it would not sign away potential claims at this stage; if the litigation proceeds favorably to the district’s interests, the district would have preserved its ability to seek reimbursement via the county guarantee process or other lawful means. The board moved on to its consent agenda afterward.

What happens next: the board’s authorization allows counsel to appear in the court case on the district’s behalf; any later motions to withdraw or other substantive filings will be brought back to the board for approval.