Citing 8 NYCRR 275.16, the New York State Commissioner of Education Betty A. Rosa [Commissioner] noted that an appeal to the Commissioner must be commenced within 30 days from the decision or act complained of, unless any delay is excused by the Commissioner of Education for good cause shown.
In this appeal to the Commissioner challenging the seating of the individual designated the successful candidate elected to the School Board, the Commissioner noted that an individual or entity possibly adversely affected by a determination in favor of the Petitioner in the action is a necessary party and must be joined as such.
The Commissioner then explained that:
1. Joinder requires that all necessary parties be clearly named as a respondent in the caption of the petition; and
2. All necessary parties must be served with "a copy of the notice of petition and petition, informing the party to appear in the appeal and to answer the allegations contained in the petition".
Further, the Commissioner noted that "In an appeal regarding a school district election, the petitioner must join the district’s board of education as well as 'each person whose right to hold office is disputed.'" [Citations omitted.]
Petitioner commenced the instant appeal by serving the district clerk of the school district, which constitutes timely service upon school district and the district clerk. However, Petitioner did not timely serve the challenged successful candidate as the record indicates that the challenged successful candidate was served with Plaintiff's petition "more than 30 days from the election and certification of the results".
As the Petitioner did not identify "good cause" for Petitioner's failure to timely serve the successful candidate, Dr. Rosa said considering the fact that the Petitioner disputes the successful candidate's right to hold office she was "constrained to dismiss the [Petitioner's] appeal as untimely."
Click HERE to access the Commissioner's decision posted on the Internet.