Appeal of NEW YORK INSTITUTE OF MASSAGE, INC. from actions of the State Education Department regarding an application for amendment of a certificate of incorporation.

Decision No. 15,391

(March 31, 2006)

Chiacchia & Fleming, LLP, attorneys for petitioner, Christen Archer Pierrot, Esq., of counsel

MILLS, Commissioner.--Petitioner challenges a determination made by a State Education Department employee regarding an application for amendment of a certificate of incorporation. The appeal must be dismissed.

By letter dated February 23, 2006, an employee of the State Education Department denied petitioner's request for consent to an amendment of petitioner's certificate of incorporation. On March 28, 2006, petitioner commenced an appeal by the service of a petition on my Office of Counsel.

The appeal must be dismissed for lack of jurisdiction. It is well settled that Education Law �310 does not authorize an appeal to the Commissioner from actions taken by members of the staff of the State Education Department (Appeal of Karpen, 40 Ed Dept Rep 199, Decision No. 14,460; Appeal of Hebrew Institute for the Deaf and Exceptional Children, 38 id. 344, Decision No. 14,050; Appeal of the Bd. of Educ. of the City School Dist. of the City of Rome, 23 id. 382, Decision No. 11,253, aff'dsubnomBd. of Educ., Rome City School Dist. v. Ambach and Polizzi, 118 AD2d 932). Such actions can only be challenged in a proceeding brought in a court of competent jurisdiction pursuant to Article 78 of the Civil Practice Law and Rules.

THE APPEAL IS DISMISSED.

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