Decision No. 15,116
Application to reopen the Appeal of STEPHANIE KUSHNER from action of the Board of Education of the East Williston Union Free School District regarding a school district election.
Decision No. 15,116
(September 22, 2004)
Guercio & Guercio, attorneys for respondent, Gary L. Steffanetta, Esq., of counsel
MILLS, Commissioner.--Petitioner seeks to reopen Appeal of Kushner, 43 Ed Dept Rep ___, Decision No. 15,040, regarding the decision of the Board of Education of the East Williston Union Free School District (�respondent�) to reject her challenge to the eligibility of another board candidate. The application must be denied.
Section 276.8 of the Commissioner�s regulations governs applications to reopen. It provides that such applications are addressed solely to the discretion of the Commissioner and will not be granted in the absence of a showing that the original decision was rendered under a misapprehension of fact or that there is new and material evidence that was not available at the time the decision was made.
Petitioner argues that the appeal should be reopened because she alleges I did not consider the definition of a �city� or the ramifications of violating a board policy. Respondent contends that the application does not set forth any new and material evidence, and that the decision clearly addresses the material facts and the issue in dispute.
Petitioner has not demonstrated that the decision was rendered under a misapprehension of fact nor has she presented any new or material evidence that was not available at the time the decision was made. Essentially, she has attempted to reargue the original appeal. My decision references petitioner�s failure to establish that her opponent held a �city� office and indicates that respondent should review its policy which contained inapplicable language. It is well settled that mere reargument of issues presented in a prior appeal is not a basis for reopening an appeal (Application of Satler, 41 Ed Dept Rep 293, Decision No. 14,690; Application of Tanzer, 40 id. 229, Decision No. 14,467).
THE APPLICATION TO REOPEN IS DENIED.
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