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New York Judge Dismisses Test-Taker Lawsuit Against Conference

A NEW YORK state court judge has dismissed a lawsuit filed against the International Conference of Funeral Service Examining Boards by a graduate of the American Academy McAllister Institute of Funeral Service Inc. challenging The Conference’s invalidation of his scores on the National Board Examination, The Conference announced in a release. The case is Kurbatsky v. The International Conference of Funeral Service Examining Boards, et al., Index No. 8821-15, State of New York Supreme Court, Columbia County.

In December 2015, the plaintiff filed suit against The Conference, 11 members of its previous and current board of directors, and its executive director, after the Conference invalidated the plaintiff’s NBE scores following discovery of his involvement in the examination security breach at AAMI. The plaintiff alleged that the invalidation of his NBE scores violated his constitutional rights and breached his test-taker agreement, among other claims.

On Jan. 23, 2017, Judge Richard M. Koweek of the New York Supreme Court (Columbia County) granted The Conference’s motion to dismiss all of the plaintiff test taker’s claims.

Koweek’s order dismissed the lawsuit in its entirety. Among other things, the release stated, the judge ruled that The Conference is not a government actor subject to constitutional claims by disgruntled test takers, and that the plaintiff had failed to show that he had sustained damages sufficient to claim breach of contract. The plaintiff has notified the court of his intent to appeal this ruling.

As a result of this ruling, only three of the 17 lawsuits filed by AAMI graduates whose NBE scores were invalidated are pending against The Conference. The remainder of the lawsuits have been dismissed or settled. The Conference continues to pursue efforts to amicably resolve the remaining lawsuits.

Posted Feb. 23, 2017


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