Because the appeals raise the same legal issues and some overlapping fact issues, they have been consolidated for decision. The appeals must be dismissed. That regulation requires resolution of an appeal within 15 days. Specifically, petitioner alleges that the six respondents permitted the superintendent to participate in the appeal of a superintendent's decision, voted to affirm the superintendent's suspension of Kathy P. even though they had direct knowledge that a tape of the original hearing had been destroyed, and concealed these improprieties in issuing the decision. Petitioner further alleges that respondent Kovaly's misconduct accrued a benefit to respondent by protecting his image during a pending contract renewal process.
Respondents raise numerous defenses.
Respondents assert that all their actions were lawful. They further contend that petitioner is trying to short-cut the appeal process under Education Law ' 310 by bringing these issues to the Commissioner's attention before final administrative action has been taken. Respondents also claim that the petitions are untimely and that service of the petitions in the first appeal was defective. Finally, respondent CSB members and respondent Kovaly claim petitioner failed to join the CSB as a necessary party to the proceedings. Before reviewing the merits, I will address several procedural issues.