Appeal of NANCY HOLLIDAY from action of the Board of Education of the Wyandanch Union Free School District, James Crawford, Ronald Fenwick, Kathy Corbin, and Brenda Moore in their capacity as board candidates, and Jessica Reed in her capacity as district clerk regarding the conduct of an election.

Decision No. 18,654

(November 12, 2025)

Bond, Schoeneck & King, PLLC, attorneys for respondent, Candace J. Gomez, Esq., of counsel

ROSA., Commissioner.--Petitioner, an unsuccessful candidate for election to the Board of Education of the Wyandanch Union Free School District (“respondent”), challenges the conduct of respondent’s May 2025 election.  She also names four candidates[1] and the district clerk in connection therewith.  The appeal must be dismissed as untimely.

An appeal to the Commissioner must be commenced within 30 days from the decision or act complained of, unless any delay is excused by the Commissioner for good cause shown (8 NYCRR 275.16; Appeal of Saxena, 57 Ed Dept Rep, Decision No. 17,239; Appeal of Lippolt, 48 id. 457, Decision No. 15,914). 

A person or entity whose rights would be adversely affected by a determination in favor of a petitioner is a necessary party and must be joined as such (Appeal of Sutton, 57 Ed Dept Rep, Decision No. 17,331; Appeal of Murray, 48 id. 517, Decision No. 15,934).  Joinder requires that a party be clearly named as a respondent in the caption and served with a copy of the notice of petition and petition, informing the party to appear in the appeal and to answer the allegations contained in the petition (Appeal of Sutton, 57 Ed Dept Rep, Decision No. 17,331; Appeal of Murray, 48 id. 517).  In an appeal regarding a school district election, the petitioner must join the district’s board of education as well as “each person whose right to hold office is disputed” (8 NYCRR 275.8 [d]; see Appeal of Bonelli, 59 Ed Dept Rep, Decision No. 17,795; Appeal of Duffy, 47 id. 86, Decision No. 15,634).

Petitioner challenges the results of the board seat for which she ran, which was awarded to Ms. Corbin.[2]  She commenced the instant appeal by serving the district clerk on June 26, 2025, which constitutes timely service upon respondent and the district clerk (8 NYCRR 275.8 [a]).[3]  However, petitioner did not personally serve Ms. Corbin, the successful candidate, until July 1, 2025.  This is more than 30 days from the election and certification of the results thereof.  Petitioner does not identify good cause for her failure to timely serve Ms. Corbin (8 NYCRR 275.16).  Since petitioner disputes Ms. Corbin’s right to hold office, I am constrained to dismiss the appeal as untimely (see Appeal of Allen, 39 Ed Dept Rep 528, Decision No. 14,300).

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

THE APPEAL IS DISMISSED.

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