An appeal to the Commissioner of Education dismissed as the result of not being properly verified

The Commissioner of Education dismissed Petitioner's appeal involving proposed major reorganizational changes of the school district for a procedural reason: the lack of "proper verification of the petition". 

The Commissioner citied 8 NYCRR 275.5 of the Commissioner’s regulations which requires that all pleadings in an appeal to the Commissioner must be verified "by the oath of at least one of the petitioners”. 

In the instant appeal counsel for the Petitioners had verified the petition, indicating that “all petitioners reside outside the county in which” their attorney’s offices are located. The Commissioner, observing that Petitioners' counsel was not a petitioner in this appeal, ruled the Commissioner the affidavit of verification did not satisfy the requirements of 8 NYCRR 275.5 and thus the appeal must be dismissed.

The Commissioner then indicated that "Even if not dismissed on this procedural ground, the appeal would be dismissed on the merits". 

Citing a number of earlier Decisions of the Commissioner of Education, the Commissioner opined that a board of education has the authority and responsibility to manage and administer the affairs of the school district, including the assignment of pupils to schools and in such cases a school board’s discretion is broad and decisions regarding school district reorganization will only be set aside if they are arbitrary or capricious.

Further, the decision noted that with respect to an appeal the Commissioner "a petitioner has the burden of demonstrating a clear legal right to the relief requested and establishing the facts upon which he or she seeks relief".

Click HERE to access the Commissioner's decision posted on the Internet.

Providing administrative due process in hearings being conducted pursuant to Title IX

In this administrative disciplinary action concerning an alleged violation of the a College's code of conduct based on a student [Complainant] claim of having been sexual assaulted by another student [Petitioner], Petitioner alleged that he had been denied administrate due process. 

The Appellate Division observed that:

1. "In general, there is a limited right to cross-examine an adverse witness in an administrative proceeding, and the right to cross-examine witnesses generally has not been considered an essential requirement of due process in school disciplinary proceedings"; and 

2. "[It] is well established that once having adopted rules or guidelines establishing the procedures to be followed in relation to suspension or expulsion of a student, colleges or universities — both public and private — must substantially comply with those rules and guidelines".

Because the Complainant was [a] absent from the hearing and not subject to cross-examination, and [b] the sole evidence relied upon by the Board regarding [the Complainant's] alleged lack of consent were the Complainant's written statements describing the incidents, the Appellate Division held that "the [Board] failed to substantially comply with its own procedures concerning the right to cross-examination in the context of Title IX administrative hearings, prejudicing [Petitioner} and, thus, the [Board's] determination must be annulled."

Click HERE to access the Appellate Division's decision posted on the Internet.

Former Avon, New York, police chief sentenced for stealing federal funds

On June 5, 2025, New York State Comptroller Thomas P. DiNapoli released the following statement on the sentencing of former Avon Police Chief Joseph Geer for stealing federal funds: 

“This police chief swore to uphold the law but instead used his position to enrich himself at the expense of his community. He was ordered to pay back what he stole, and he paid full restitution, amounting to over $6,000. My thanks to U.S. Attorney DiGiacomo and the FBI for partnering with my office to hold him accountable.”

Geer pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to theft of funds related to a federal program. Assistant U.S. Attorney Nicholas M. Testani, who handled the case reported that in 2022, the Avon Central School District and the Village of Avon entered into a School Resource Officer Contract [SRO], in which the Village of Avon agreed to provide an off-duty member of the Avon Police Department to provide various services to the school district and who would be paid an hourly wage by the school district. 

Between September 2023 and January 2024, Geer was employed as the Avon Police Chief and as an SRO under the contract. During that time Geer billed the school district for hours during which he did not perform SRO duties under the contract and assigned an on-duty subordinate officer to “cover” his SRO obligations, thus depriving the Village of Avon of a patrolling on-duty police officer.

“During his time as Avon Police Chief, Joseph Geer violated his oath to protect his community,” said Matthew Miraglia, Special Agent-in-Charge of the FBI’s Buffalo Field Office. “Ultimately, Geer chose greed over integrity. The FBI will continue to work alongside our law enforcement partners to investigate allegations of fraud and hold public officials accountable.”

Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. Allegations of fraud involving taxpayer money may be reported by calling the toll-free Fraud Hotline at 1-888-672-4555, by mailing a complaint to the Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236 or by filing a complaint online at https://www.osc.ny.gov/investigations.