Petitioner has also failed to join a necessary party to the appeal, warranting its dismissal. Herein, petitioner failed to name or serve the Board of Education of the Wappingers Central School District, a party in interest to the agreement she attacks. Accordingly, the petition must be dismissed for petitioner's failure to name and serve the Wappingers Central School District as a party to this proceeding. In addition, to the extent that petitioner seeks an order directing the Wappingers Congress of Teachers to reimburse the school district, union organizations are not subject to the jurisdiction of the Commissioner of Education under Education Law 310. Thus, even if petitioner had properly joined the Wappingers Congress of Teachers as a party, I would be unable to grant the relief she seeks against the Congress.
Respondents are also correct in their contention that the appeal is moot.
In this case, the Wappingers Board of Education already terminated the side-letter and respondent Warman returned to the teaching duties required under the collective bargaining agreement. With respect to monies that petitioner claims are owed by the Wappingers Congress of Teachers to the Wappingers Board of Education on behalf of the school district, petitioner's failure to join the board of education and the jurisdictional limitation respecting the teachers' association, as discussed above, would preclude payment if, in fact, such monies were owed. Consequently, no further relief can be granted, and the matter is moot. Finally, in her reply, petitioner raises allegations that the Wappingers Board of Education violated the Open Meetings Law relating to the conduct of executive sessions. Thus, petitioner's new claims are improperly raised in her reply.