BOCES is suing the Cassadaga Job Corps Academy and two other contractors for unpaid LPN instruction fees.

According to a lawsuit filed recently in state Supreme Court, BOCES is owed $345,280.42 from the Job Corps, while Dynamic Educational Systems Inc. of Phoenix Ariz., and Career Systems Development Corporation of West Henrietta, N.Y. have contracts to oversee, manage and administer the Job Corps program from 2022 through 2024, when the Job Corps contracted with BOCES to provide nursing instruction and education.

Erie 2-Chautauqua-Cattaraugus-BOCES School of Practical Nursing offers a 12-month program (1,145 clock hours) that prepares students to take the National Council Licensure Examination. Nursing Theory and skills are taught in the classroom and reinforced with lab practice and clinical opportunities in a variety of healthcare settings.

According to the lawsuit BOCES agreed to provide instruction and support for students enrolled in the Job Corps program to prepare students for the Practical Nursing Licensure exam. The lawsuit states the Job Corps agreed to pay $12,000 for each student enrolled in the nursing program. Dynamic Educational Systems and Career Systems Development Corp., according to the lawsuit, are responsible for making sure the contracts are paid. BOCES lawsuit states both companies as well as the Cassadaga Job Corps Academy have received regular bills and never objected to the bills they received.

Career Systems Development Corporation still helps manage eight Job Corps sites, including one in Brooklyn, but its website no longer lists any affiliation with the Cassadaga Job Corps Academy.

“CSDC agreed to be responsible for the support and services necessary to operate and maintain CJCA and to integrate CJCA with local employers, workforce development agencies and community organizations such as the plaintiff,” the lawsuit states. “Therefore CSDC is an obligor of CJCA and a guarantor of the moneys due under the plaintiff’s contracts.”

Dynamic Educational Systems Inc. is currently handling job recruitment for the Cassadaga Job Corps Academy and is linked to Job Corps offerings in Cassadaga. The lawsuit asserts the same financial obligation for Dynamic Educational Systems as it did for Career Systems Development Corporation.

“Plaintiff demands judgment against the defendants, jointly and severally, in an amount adequate to compensate the plaintiff for its damages resulting from defendants’ failure to pay on account $345,280.42, interest and attorney fees and costs incurred in the enforcement of the contracts” the lawsuit states.

This is the second time BOCES has filed a lawsuit in state Supreme Court since October, when BOCES sued the owner of what BOCES terms is a substandard building for economic damages and to force maintenance to be done. BOCES is asking state Supreme Court Justice Grace Hanlon to force Blooming Maple Ventures LLC to comply with the lease between the two parties for 175 Maple Ave., Cassadaga. Blooming Maple Ventures LLC is based in Brooklyn and purchased the property May 2020.

BOCES signed a lease with Blooming Maple Ventures in June 2020 to use the Maple Avenue building for alternative educational programs and school activities at The Academy at Maple Avenue. The Cassadaga site is one of two alternative education sites operated by Erie 2-Chautauqua-Cattaraugus BOCES, with the other located in Orchard Park.

Attorney Mark Guglielmi of Webster Szanyi of Buffalo argues on BOCES’ behalf that the lease requires Blooming Maple to replace heating and cooling systems in the building at the landlord’s cost if the system deteriorates to the point it isn’t economical to repair.

“The current state of the HVAC system is such that it is no longer economical to repair and has failed on multiple occasions,” Guglielmi wrote in his complaint. “These failures of the HVAC system have caused damages to the plaintiff, including but not limited to closing school activities at the premises due to a lack of heat, the cost of maintenance, repairs and parts, and other economic damages resulting from defendant’s breach.”

BOCES is asking Hanlon to require Blooming Maple Ventures to compensate BOCES for damages, including the cost to replace the HVAC system, a rent abatement to compensate for the breach of contract, for Hanlon to require Blooming Maple Ventures to replace the HVAC system as BOCES says is required in the lease and attorneys fees and costs. BOCES is also asking Hanlon to establish the rights and obligations of BOCES and Blooming Maple Ventures and to grant BOCES attorneys fees and costs related to enforcement of the lease.

While a generic answer has been filed in the case by Blooming Maple’s attorney in November, but nothing further has been filed since.