Appeal of the CASTLETON PUBLIC LIBRARY from actions of the New York State Education Department and the New York State Library regarding its service area.

Decision No. 16,035

(March 17, 2010)

Freeman Howard, P.C., attorneys for petitioner, Andrew B. Howard, Esq., of counsel

STEINER, Commissioner.--Petitioner appeals a determination of the New York State Education Department and the New York State Library that it was formed to serve the people of the Village of Castleton (“Village”) and that only residents of the Village are eligible to serve on the Board of Library Trustees.

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 the School for Language and Communication Dev., Inc., 46 Ed Dept Rep 536, Decision No. 15,586; Appeal of Friends to the Elderly, Youth & Family Ctr., Inc., 46 id. 227, Decision No. 15,489; Appeal of a Student with a Disability, 46 id. 23, Decision No. 15,429).  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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