Because this appeal was not commenced within 30 days of the April decision, it is dismissed as untimely. Even if the appeal was timely, it must also be dismissed on the merits. Petitioner contends that respondent abused its discretion in refusing to move her son's pickup point approximately 30 feet to the intersection of Route 9 and Circle Lane. She maintains that the current pickup point is unsafe because it is near the road, and during the winter her son must climb a snow bank to board the bus. Respondent maintains that the current pickup point has been used for an extended period of time without any problems.
Visibility is good at that location and children waiting for the bus can stand on the sidewalk.
The fact that petitioner's son may have to climb over snow when walking from the sidewalk to the bus is not a basis for finding respondent's actions improper. Moreover, respondent maintains that the pickup point proposed by petitioner at the intersection of Route 9 and Circle Lane is less safe than the present stop. Apparently, a large pine tree and shrubbery near that intersection might obscure the approaching bus driver's view of Circle Lane. To see the bus, children would have to stand closer to Route 9 without the benefit of a sidewalk. In addition, traffic in and out of Circle Lane could present another hazard.