Appeal of MAURICIO VILLARREAL SENOSIAIN, on behalf of his child, from action of the Board of Education of the Mamaroneck Union Free School District regarding interscholastic athletics.

Decision No. 18,513

(October 28,  2024)

ROSA., Commissioner.--Petitioner appeals a decision of Section 1 of the New York State Public High School Athletic Association (“NYSPHSAA”) that his child is ineligible to participate in soccer for the 2024-2025 school year.  The appeal must be dismissed for improper service.

Section 275.8 (a) of the Commissioner’s regulations requires that the petition be personally served upon each named respondent.  If a school district is named as a respondent, service upon the school district shall be made personally by delivering a copy of the petition to the district clerk, to any trustee or any member of the board of education, to the superintendent of schools, or to a person in the office of the superintendent who has been designated by the board of education to accept service (8 NYCRR 275.8 [a]; Appeal of B.H., 57 Ed Dept Rep, Decision No. 17,246; Appeal of Peterson, 48 id. 530, Decision No. 15,939).

Petitioner’s affidavit of service states that the petition was served via “UPS.”  Both NYSPHAA and the Board of Education of the Mamaroneck Union Free School District have confirmed that they were not personally served with a copy of the petition.  Accordingly, the appeal must be dismissed for lack of service (Appeal of C.S.L., 58 Ed Dept Rep, Decision No. 17,619; Appeal of Barrientos, 56 id., Decision No. 16,944).

THE APPEAL IS DISMSISED.

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