Appeal of BRIAN HANIFIN from action of the Board of Education of the North Rockland Central School District regarding school construction.

Decision No. 18,384

(February 27, 2024)

Thomas, Drohan, Waxman, Petigrow & Mayle, LLP, attorneys for respondent, David H. Strong, Esq., of counsel

ROSA., Commissioner.--Petitioner challenges construction work taking place in the North Rockland Central School District.  The appeal must be dismissed for improper service. 

Section 275.8 (a) of the Commissioner’s regulations requires that the petition be personally served upon each named respondent.  If a school district is named as a respondent, service upon the school district shall be made personally by delivering a copy of the petition to the district clerk, to any trustee or any member of the board of education, to the superintendent of schools, or to a person in the office of the superintendent who has been designated by the board of education to accept service (8 NYCRR 275.8 [a]; Appeal of B.H., 57 Ed Dept Rep, Decision No. 17,246; Appeal of Peterson, 48 id. 530, Decision No. 15,939).

Petitioner attempted to effectuate service by mailing the petition to the New York State Education Department.  Accordingly, the appeal must be dismissed for failure to personally serve the only named respondent, the Board of Education of the North Rockland Central School District, in accordance with 8 NYCRR 275.8 (Appeal of McCarthy, 50 Ed Dept Rep, Decision No. 16,208).

In light of this disposition, I need not address the parties’ remaining contentions.

THE APPEAL IS DISMISSED.

END OF FILE