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Decision No. 12,906

Appeal of BERNARD M. MITZNER from action of the Board of Education of the Goshen Central School District and Joseph Colistra, Superintendent, relating to actions of the Superintendent.

Decision No. 12,906

(April 12, 1993)

Shaw and Silveira, Esqs., attorneys for respondents, Garrett L. Silveira, Esq., of counsel

SOBOL, Commissioner.--Petitioner, a resident of the Goshen Central School District, appeals from respondents' actions regarding a letter sent to him by the school board's attorney. The appeal must be dismissed.

Since this appeal involves the same set of facts petitioner raised in a prior appeal, Appeal of Mitzner, 32 Ed Dept Rep 339, the petition must be dismissed in accordance with the doctrine of res judicata, which bars petitioner from relitigating the same question before me (Application of a Child with a Handicapping Condition, 31 Ed Dept Rep 87; Appeal of Tobin, 30 id. 315; Appeal of Roth, 26 id. 165; Matter of Monaco, 24 id. 348; Matter of Gerber, 3 id. 19).

THE APPEAL IS DISMISSED.

END OF FILE