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Decision No. 15,877

Appeal of JENNIFER NAAB, on behalf of TYLER WYNN, from action of the Board of Education of the Williamsville Central School District regarding residency.

Decision No. 15,877

(February 19, 2009)

Norton/Radin/Hoover/Freedman, attorneys for respondent, Andrew J. Freedman, Esq., of counsel

MILLS, Commissioner.--Petitioner appeals the determination of the Board of Education of the Williamsville Central School District (“respondent”) that Tyler Wynn is not a district resident.  The appeal must be dismissed.

Petitioner, a district resident, asserts that Tyler is a family friend, that she is his guardian and that he resides with her.  By letter dated September 22, 2008, the district’s coordinator of student services denied petitioner’s request to admit Tyler to respondent’s schools as a district resident.  This appeal ensued.  Petitioner’s request for interim relief was denied on October 3, 2008.

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 Henley, 46 Ed Dept Rep 556, Decision No. 15,594; Appeal of D.P., 46 id. 516, Decision No. 15,580).

Petitioner’s affidavit of service indicates that the petition was served on Brenda Eldridge, a receptionist for the district.  In its answer, respondent states that Ms. Eldridge has not been designated to accept service on its behalf.  Since there is no indication that the appeal was otherwise delivered to or received by respondent in accordance with §275.8 of the Commissioner’s regulations, the appeal must be dismissed for improper service (Appeal of Tchoukanine, 47 Ed Dept Rep 334, Decision No. 15,715; Appeal of G.B., 46 id. 181, Decision No. 15,476; Appeal of Harmon, 43 id. 478, Decision No. 15,057).