The allegations in a lawsuit being filed by a Roslyn District resident concerning a not-for-profit day care center which operates on school district property are completely baseless, according to Roslyn School District officials.

Several news outlets recently reported that a Roslyn resident, Cary Ratner, has instituted a lawsuit through the New York Supreme Court of the State of New York against members of the Roslyn Board of Education and the Roslyn Neighborhood Corporation Day Care Center, Inc., commonly known as Building Blocks.

And indeed, The Roslyn News has received a copy of a summons and complaints that was filed by Ratner on Tuesday, May 9 under the docket number 06-007628.

That summons lists Ratner as the plaintiff and Stanley Stern, the board of education president; Barbara Stern, Stern's wife and director of Building Blocks; Judith Wilner, vice president of the BOE; the Roslyn Neighborhood Corporation Day Care Center, Inc, (a.ka. Building Blocks); the Roslyn Union Free School District; and the Roslyn School District Board of Education as defendants.

Roslyn School District officials said that they have not received any official notice that such a lawsuit has been filed. However, they did review a copy that they believe was "apparently circulated by the petitioner." District officials claim that such a document makes several baseless allegations, namely:

• That Building Blocks is a "commercial enterprise" when it is, in fact, a duly licensed not-for-profit organization.

• That Building Blocks has been allowed the use of district facilities "entirely free of cost" until 2004-05, when, in fact, it has paid rent and has had a bona fide license agreement with the school district for 36 years to operate in its current location in a building on the campus of Roslyn High School.

• That the school district is breaking the law in providing free transportation for students to attend Building Blocks, when in fact the transportation of students to after-school programs is explicitly permissible under New York State Education Law and has been approved by public board action.

• That Board of Education President Stanley Stern, whose wife is the program's director, assisted Building Blocks in gaining favorable terms for the program's use of district facilities when, in fact, the program was established in 1969 and Mr. Stern was not elected to the board of education until 2004. Indeed, Mr. Stern has recused himself from matters concerning Building Blocks that have come before the board of education during his tenure on the board, as the record clearly indicates.

The legal action filed by the plaintiff seeks a judgment against the defendants in the sum of $100,000 in compensatory damages and $250,000 in punitive damages.

The plaintiff acknowledges that Building Blocks is a nonprofit corporation, while also stating "upon information and belief" that Building Blocks had conducted its business on school property for more than 20 years, with all but two of the years free of reimbursement to the Roslyn School District.

The plaintiff claims that this allowed the defendant, Barbara Stern to enrich herself. It notes that "on or about" September 2004, the Roslyn Board of Education entered into a contract with Building Blocks to use two classrooms located at Roslyn High School for $500.33 per room per month and to use one classroom at the Heights Elementary School for $66.66 per month.

It also claims that the district agreed to cooperate with Building Blocks for one hour of orientation for incoming students and parents every August. This, the plaintiff further claims, gives "credence and credibility" to Building Blocks, while giving the appearance that the district "recommends" the day care center. The plaintiff states that this increases the number of customers for Building Blocks.

The plaintiff notes that a new contract between Building Blocks and the district, entered "sometime on or about September 2005," increased the rent at Roslyn High School to $513.87 per classroom and $68.50 per classroom at the Heights. This, the plaintiff continues, represents an increased cost to Building Blocks of $13 in the high school and $2.50 in the elementary schools. At the same time, the BOE, the plaintiff observes, "[seeks] a 12.1 percent increase in [the] tax levy from the taxpaying residents."

Finally, the plaintiff is seeking reimbursements on the grounds that "the defendant Building Blocks did use the plaintiff's tax contributions to further its business operations, and misrepresent to the parents of students, that it was anything other than an independent business operating in the school, much as a franchise restaurant operating in a department store."

Mrs. Stern replied that she is only a salaried employee. She began as a teacher and is now the director.

For his part, Stanley Stern said that Building Blocks is not a family businesss. He said the only connection between the district and Building Blocks is that the latter rents space from the district.

"In reality, the [Building Blocks] after school program saves the district money," Stern said. "Years ago, the board of education asked Building Blocks to provide the after school services."

"I'm angry to learn of this senseless lawsuit," said Bobbi Stern. "It seeks to tarnish the good work of Building Blocks, one of Long Island's outstanding day care centers. You can rest assured that the Executive Board and I will vigorously defend the reputation of this nonprofit organization which has functioned continuously since January 1969. It has served this community well by providing day care for hundreds of children in need."

Meanwhile, District officials continue to reiterate that it is their intention to "respond vigorously to the charges" if more information becomes available to them.

(Joe Scotchie contributed to this article)