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Decision No. 16,365

Appeal of WEI DING from action of the Plainview Chinese Cultural Center, Inc. regarding a program fee.

Decision No. 16,365

(June 28, 2012)

KING, JR., Commissioner.--Petitioner seeks a refund from the Plainview Chinese Cultural Center, Inc. (“PCCC”) of the alleged unused portion of a fee for a program his daughter attended in 2011.  Petitioner also requests a formal apology from PCCC’s principal regarding actions in this matter.  The appeal must be dismissed.

Petitioner initiated this proceeding against PCCC, a not-for-profit corporation,[1]in accordance with the procedures for bringing an appeal pursuant to Education Law §310.  Education Law §310 limits the jurisdiction of the Commissioner in such appeals to matters involving the public school system of the State (seeMatter of Bowen, et al. v. Allen, 17 AD2d 12, affd 13 NY2d 663; Appeal of Aly, 47 Ed Dept Rep 193, Decision No. 15,665; Appeal of Tylicki, 46 id. 414, Decision No. 15,549).  Because this appeal involves a dispute with a not-for-profit corporation, it must be dismissed for lack of jurisdiction.

THE APPEAL IS DISMISSED.

END OF FILE

[1] Pursuant to §276.6 of the Commissioner’s regulations, I have taken administrative notice of records pertaining to PCCC’s legal status as a not-for-profit corporation on file with this Department.