They assert that the application should be denied due to improper service, nonjoinder of necessary parties, failure to state a cause of action and because it is untimely. As to the merits, respondents argue that because the director of security position did not involve any teaching responsibilities, the failure to appoint a qualified or certified teacher to fill the position did not constitute a violation of the Education Law. Regarding the deputy clerk position, they claim they did not violate the Civil Service Law in making the appointment. Additionally, respondents contend that, under the circumstances, a certificate of good faith should be issued to indemnify them. Respondents Prattella and Wrubel both provide affidavits that they were served by petitioner.
Petitioner provides an affidavit that indicates otherwise.
Since I am unable to resolve the matter on the papers before me and because I find no evidence that respondents were prejudiced by the alleged defect, I will not dismiss this appeal on those grounds alone. Both Joseph Bianco, who was the director of security, and Mary Young, who was the deputy clerk at the time this appeal was commenced, are necessary parties, because petitioner seeks an order declaring their appointments invalid. Since petitioner does not name them as respondents, the appeal must be dismissed for failure to join necessary parties. By way of excuse, petitioner asserts that once she became aware of respondents' actions, she attempted to notify the board of education of the alleged improprieties. Because I do not find that petitioner's rationale for delaying the commencement of her application constitutes good cause, the appeal is dismissed as untimely.