A former Silver Creek teacher plans to take his case to the Fourth Department Appellate Division after state Supreme Court Justice Grace Hanlon ruled his case against the Silver Creek Central School District had been filed too late.

In early May, Jason Hall filed a petition in state Supreme Court in Mayville seeking an order allowing him to serve a late notice of claim against the school district. In New York, notice of a claim is required prior to filing a lawsuit against a municipal or other governmental entity. Notices have to be filed within 90 days after the claim arises.

Hall, who had served as Silver Creek’s assistant director of elementary programming, was seeking damages after he was placed on leave and eventually let go in 2022. Hall claimed his termination in 2022 was in retaliation for filing complaints with the state Division of Human Rights over the treatment of students, including the use of what he stated was an isolation room. Silver Creek Central School officials claimed in court documents that Hall was dismissed was because of his conduct with students and parents and that he failed to complete tasks that were part of his job description.

Hanlon ruled in late June that Hall’s notice of claim was filed too late, rejecting claims that Hall was unaware of the 90-day deadline to file a claim and further that Hall was not in the proper mental state to retain an attorney and file the necessary paperwork. Hanlon rejected that reasoning based largely on three claims Hall made with the state Division of Human Rights.

“The court does not find any credence in the petitioner’s attorney’s claim that the petitioner was not in the proper mental state to retain an attorney and file the necessary paperwork in the shortened time frame,” Hanlon wrote. “During that same time frame the petitioner was able to file three complaints with the New York State Division of Human Rights. Furthermore, the record before the Court is devoid of any medical records, or statements from someone in the medical field, or even a statement in the affidavit from Petitioner to support his claim.”

Steven Schrader, Hall’s attorney, filed a notice of appeal to the Fourth Department Appellate Division appealing “each and every aspect of the decision and order.”

The Human Rights Division investigation Hanlon referred to in her decision say state officials believe probably cause exists to believe Silver Creek has engaged in discriminatory or retaliatory behavior in violation of state Human Rights Law.

“There can be no claim that Respondent had no knowledge of Petitioner’s claim in this matter, nor can Respondent claim that it is prejudiced in any way in connection with its ability to research and investigate the claim in this matter, given that Petitioner filed his Complaints with the New York State Division of Human Rights within ninety (90) days of the date of the accrual of the this matter; therefore Respondent will suffer no prejudice as a result of Petitioner’s application to file a late Notice of Claim in order to preserve Petitioner’s right to bring a lawsuit against Respondent in this matter,” Schrader wrote in a memorandum filed in late May. “Further, given the two probable cause findings by the Division of Human Rights, it is clear that Petitioner has a potentially meritorious cause of action in connection with this matter and Respondent would suffer no prejudice or other detriment due to the filing of a late Notice of Claim.”

There is no record as of July 25 showing an appeal has been filed with the Fourth Department Appellate Division in Rochester.