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Decision No. 12,734

Appeal of CHILDREN WITH HANDICAPPING CONDITIONS from action of the Board of Education of the Wappingers Central School District and Raymond G. Kruse, Esq., regarding service of papers.

Decision No. 12,734

(July 2, 1992)

Raymond G. Kruse, P.C., attorney for respondent, Raymond G. Kruse,

Esq., of counsel

SOBOL, Commissioner.--Petitioner seeks an opinion regarding the propriety of the conduct of respondent Kruse, attorney for the Wappingers Central School District, allegedly obstructing service of papers on various school employees in several appeals she initiated against the board of education. The appeal must be dismissed.

Although petitioner names and serves the Wappingers Board of Education as respondent in this appeal, the petition contains no allegations against the board of education. Consequently, the petition must be dismissed as against respondent board of education for failure to state a claim.

To the extent that petitioner seeks review of actions by the school board's attorney, the appeal must also be dismissed. An appeal to the Commissioner of Education pursuant to Education Law '310 is not the proper forum for adjudicating allegations of professional misconduct on the part of a school board attorney (Appeals of Ecker and Solano, 31 Ed Dept Rep 348). Allegations of attorney misconduct may be addressed to the grievance committee of the appropriate department of the New York State Supreme Court, Appellate Division.

For the benefit of the parties, I note that, to commence her appeals pursuant to Education Law '310, petitioner served respondent with "notices of intention to seek review." An appeal brought pursuant to '310 is commenced upon service of a notice with petition and petition, as required by 8 NYCRR '275.8(a). A "notice of intention to seek review" is required only to commence an appeal to the State Review Officer from a determination of an impartial hearing officer pursuant to Education Law '4404(2). Service of a "notice of intention to seek review" is not required to commence an appeal pursuant to Education Law '310.