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Decision No. 16,135

Appeal of DEAN F. GOEWEY from action of the State Education Department and Diane J. Exoo regarding a hearing.

Decision No. 16,135

(August 20, 2010)

School Administrators Association of New York State, attorneys for petitioner, A. Andre Dalbec, Esq., of counsel

STEINER, Commissioner.--Petitioner seeks an order changing the venue of his hearing being held pursuant to Part 83 of the Commissioner’s regulations.[1]  Respondent Diane J. Exoo, Esq., is the duly appointed hearing officer.  The appeal must be dismissed.

An appeal to the Commissioner pursuant to Education Law §310 is not the proper forum for challenging actions of the State Education Department or its staff (Appeal of New York Institute of Massage, Inc., 45 Ed Dept Rep 495, Decision No. 15,391).  Such actions can only be challenged in a proceeding brought in a court of competent jurisdiction pursuant to Article 78 of the Civil Practice Law and Rules (id.).  Respondent Exoo was appointed by me to conduct a Part 83 moral character hearing on my behalf.  A §310 appeal is not the appropriate forum to review either her determinations or the determinations of OSPRA staff.

In an amended petition dated May 12, 2010, petitioner also objects to the removal of his selected hearing panel member and asks that he be reinstated.  With respect to the underlying proceedings, petitioner may commence an appeal pursuant to §83.5 of the Commissioner’s regulations within 30 days after receipt of notification of the findings and recommendations of the hearing panel.

THE APPEAL IS DISMISSED.

END OF FILE.

[1] Subsequent to the commencement of this appeal, by letter dated April 9, 2010, the State Education Department’s Office of School Personnel Review and Accountabilty (“OSPRA”) denied petitioner’s request for a change in venue.