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Decision No. 14,390

Appeal of JOHN W. SUTTON from actions of the Office of Library Development of the New York State Education Department; Richard Weber, Supervisor of the Town of Galway; the Town Board of the Town of Galway; and the Board of Trustees of the Galway Public Library concerning a library charter application.

Decision No. 14,390

(June 16, 2000)

Horigan, Horigan & Lombardo, PC, attorneys for respondents Richard Weber, Supervisor, and the Town Board of the Town of Galway, Timothy Horigan, Esq., of counsel

MILLS, Commissioner.--Petitioner is a resident and taxpayer of the Town of Galway, Saratoga County, and was a member and treasurer of the Board of Trustees of the Galway Public Library until December 16, 1999. He appeals the refusal of the Office of Library Development of the State Education Department to take appropriate action with respect to a "Certificate of Establishment of a New Library," executed December 10, 1999, by Richard Weber, Supervisor of the Town of Galway, as part of a charter application for the library. The appeal must be dismissed.

The Galway Public Library was established as a result of an election in November 1997. Upon approval by the voters, the original trustees filed a charter application with the Office of Library Development on or about December 1, 1998, as the first step in obtaining a charter from the Board of Regents. On or about June 30, 1999, the trustees were informed by the Office of Library Development that their application was deficient, and that it would not be submitted to the Board of Regents for approval.

In November 1999, the trustees began work on a second charter application. As part of that application, Richard Weber, Supervisor of the Town of Galway, executed a Certificate of Establishment of a New Library dated December 10, 1999, which was submitted to the Office of Library Development on December 17, 1999. Petitioner alleges that that certificate contains certain factual inaccuracies. Petitioner attaches to his petition a Certificate of Establishment of a New Library which he prepared and executed as treasurer on December 16, 1999, and which he alleges contains accurate factual representations.

When the Office of Library Development did not accept the certificate executed by Mr. Weber, petitioner commenced this appeal on January 18, 2000. He requests that I order Supervisor Weber to issue, the trustees to file, and the Office of Library Development to accept, an amended certificate which accurately sets forth the facts associated with the establishment of the library, or, in the alternative, to accept the certificate executed by petitioner acting as treasurer on December 16, 1999.

The appeal is now moot. My Office of Counsel has been advised by the Office of Library Development that it has received a new certificate duly executed by the chairman of the board of trustees of the Galway Public Library, dated May 23, 2000, which is acceptable in all respects, and that the Office of Library Development will submit the charter application of the Galway Public Library to the Board of Regents for action at its July 2000 meeting.

In view of this disposition, I will not consider whether there is any jurisdictional basis for this appeal pursuant to Education Law "310, nor will I discuss the parties’ other claims, which I find without merit.

THE APPEAL IS DISMISSED.

END OF FILE