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Decision No. 15,577

Appeal of ADVANCED INSTITUTIONAL SUPPORT SERVICES, LLC, from actions of the Rochester School for the Deaf and All Seasons Services, Inc., regarding the awarding of a contract.

Decision No. 15,577

(May 2, 2007)

Hiscock & Barclay, LLP, attorneys for petitioner, James P. Evans, Esq., of counsel

Harris Beach, PLLC, attorneys for respondent Rochester School for the Deaf, Kevin K. McKain, Esq., of counsel

Harter Secrest & Emery, LLP, attorneys for respondent All Seasons Services, Inc., Rebecca E. Graf, Esq., of counsel

MILLS, Commissioner.--Petitioner, an unsuccessful bidder, appeals a contract award for food services by the Rochester School for the Deaf (“RSD”) to All Seasons Services, Inc. (“All Seasons”) for the 2006-2007 school year.  Because I lack jurisdiction, the appeal must be dismissed.

Petitioner attempts to challenge a determination made by the Rochester School for the Deaf, a nonpublic school, pursuant to Education Law §310.  Education Law §310 prescribes the circumstances under which a party may appeal to the Commissioner of Education.  Section 310 provides: “Any party conceiving himself aggrieved may appeal by petition to the commissioner of education who is hereby authorized and required to examine and decide the same     . . .”  Under the statute, the petition may be made in consequence of any action in seven enumerated categories, which do not include a determination by a nonpublic school.  As a result, I lack jurisdiction to decide this appeal (seeMatter of Board of Education of the City School District of the City of Rome v. Ambach, 118 AD2d 932; Matter of Bowen v. Allen, 17 AD2d 12, affd 13 NY2d 663; Appeal of Egodigwe, et al., 41 Ed Dept Rep 19, Decision No. 14,598; Appeal of Interfaith Medical Center, 27 id. 405, Decision No. 11,991).

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