Decision No. 13,008

(September 14, 1993)

SOBOL, Commissioner.--Petitioner objects to a nominating petition circulated on behalf of Robert P. DeMott as a candidate for election to the Board of Education of the Valley Stream Union Free School District. The election was held May 5, 1993. I denied petitioner's request for a stay on April 29, 1993. The appeal must now be dismissed.

Pursuant to Education Law '310, any party aggrieved by an action or determination of a school district official may appeal such action or determination to the Commissioner of Education. The petition in this matter does not name the school district as a party, nor was service of the notice of petition and petition made on any school officer. Petitioner made service only on Mr. DeMott. The petition seems to object to certain alleged errors and omissions in Mr. DeMott's nominating petition for election to the board, including the failure to provide complete addresses and legible signatures. The petition does not indicate what action, if any, was taken by the district clerk of the school district upon filing of the nominating petition with the board of education, pursuant to Education Law '2018.

My authority to review the actions of a public school board of education pursuant to Education Law '310 does not extend to purely private disputes between rival candidates. No determination or action of a school district or official is at issue here. For that reason, petitioner has not stated a proper claim and the appeal must be dismissed.

THE APPEAL IS DISMISSED.

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