Decision No. 13,144

(April 5, 1994)

SOBOL, Commissioner.--Petitioner appeals from action of the Board of Education of the Eastport Union Free School District withdrawing a probationary appointment in the elementary tenure area which had been approved on June 25, 1993, to be effective September 1, 1993 through June 30, 1995. The appeal must be dismissed.

Petitioner served as a substitute elementary teacher during the 1992-1993 school year in respondent district. The facts with respect to this appeal are set forth in Appeal of Dillon (33 Ed Dept Rep , Decision No. 13,143, dated April 5, 1994). This appeal was purportedly commenced on August 2, 1993. The affidavit of service states that a copy of the petition was delivered to respondent's district clerk on that date.

The appeal must be dismissed on jurisdictional grounds. Respondent's answer, served August 20, 1993, claims that respondent was unable to answer petitioner's contentions because the only document served on respondent was a notice of petition. Respondent's answer specifically states that no petition was served with the notice of petition.

The record before me contains what appears to be an original notice of petition and a photocopy of a petition with some pen and ink changes. Section 275.8 of the Regulations of the Commissioner of Education requires that a copy of the petition together with all of petitioner's affidavits, exhibits and other supporting papers be served upon respondent. Section 275.9 requires that the original petition be transmitted to my Office of Counsel within five days after service.

Petitioner has served no reply to the claims made by respondent. From this I can only conclude that the petition was not in fact served as required and that I, therefore, do not have jurisdiction in this matter.

THE APPEAL IS DISMISSED.

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