The application must be denied. Petitioner alleges that the attorney for the Wyandanch Board of Education failed to provide the board adequate legal advice in connection with the board's employment of an interim superintendent of schools. Petitioner specifically claims that the board's attorney failed to immediately seek a waiver from the State Education Department to permit one of the candidates for interim superintendent of schools, Mr. Leon Van Dyke, to serve in that capacity despite the candidate's lack of certification. As a result, Mr. Van Dyke was employed as interim superintendent and subsequently, after only 25 days, terminated for lack of appropriate certification. Petitioner claims that, due to its attorney's alleged incompetence, the board wasted time and district funds.
Petitioner asserts that, therefore, removal of the individual board members is warranted.
Respondents assert that the appeal must be dismissed as untimely. Respondents also claim that they have not been personally served with the petition herein and that, therefore, the appeal must be dismissed for lack of personal jurisdiction over them. Finally, respondents contend that petitioner has failed to establish any basis for their removal from office. Petitioner's application must be dismissed for lack of personal jurisdiction. The record shows that petitioner attempted to serve the individual respondents by delivering a copy of the petition to the superintendent of schools and to the attorney for the school district.