Appeal of JOSEPH SPINA from action of the Board of Education of the Charlotte Valley Central School District regarding a district election.

 

Decision No. 15,016 

(January 16, 2004)

 

Hogan & Sarzynski, LLP, attorneys for respondent, Wendy K. DeWind, Esq., of counsel  

 

MILLS, Commissioner.--Petitioner challenges the actions of the Board of Education of the Charlotte Valley Central School District ("respondent") regarding the June 3, 2003 budget vote.  The appeal must be dismissed.

An appeal to the Commissioner must be commenced within 30 days from the making of the decision or the performance of the act complained of, unless any delay is excused by the Commissioner for good cause shown (8 NYCRR "275.16; Appeal of Recore, 42 Ed Dept Rep __, Decision No.  14,856; Appeal of Phillips, 40 id. 241, Decision No.  14,471).  The budget vote at issue here was held on June 3, 2003. Petitioner apparently attempted to commence an appeal on or about June 28, 2003 but failed to comply with the regulatory requirements for doing so.  Petitioner then served a petition in accordance with the regulations on August 1, 2003, beyond the 30-day period.  A lack of familiarity with the appeal process is not a sufficient excuse for delay (Appeal of Cushman, 42 Ed Dept Rep 116,

Decision No. 14,793; Appeal of D.C., 41 id. 277, Decision No. 14,684).  Therefore, the appeal must be dismissed.

 

THE APPEAL IS DISMISSED.

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