Appeal of JOSEPH T. RICKARD from action of the Board of Education of the Tuxedo Union Free School District regarding an election.

Decision No. 18,499

(September 23, 2024)

Shaw, Perelson, May & Lambert, LLP, attorneys for respondent, Margo L. May, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals from actions of the Board of Education of the Tuxedo Union Free School District (“respondent” or the “board”) related to the conduct of the district’s May 2024 election.  The appeal must be dismissed for failure to join necessary parties.

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).

Respondent held its annual budget vote and election on May 21, 2024.  Petitioner, an unsuccessful candidate, requests a thorough review and disqualification of paper ballots and a new election.  This could adversely affect the candidates elected to the board, who were not named in the caption of this appeal or personally served with a copy of the petition.  As such, the appeal must be dismissed (Appeal of Arroyo Rodriguez and Figurasmith, 63 Ed Dept Rep, Decision No. 18,372; Appeal of Puskuldjian, 61 id., Decision No. 18,048).[1]

THE APPEAL IS DISMISSED.

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