Justice Randy Sue Marber
Kirton alleged that Dickerson, allegedly a former member of the Westbury Union Free School District Board of Education, vacated his seat by failing to serve in accordance with Education Law §2109 by neglecting to attend three successive meetings without a valid excuse. Kirton contended that Dickerson had nevertheless continued to hold himself out as a board member and participate in purported meetings and activities, including resolutions that are null and void due to his termination. Kirton sought to permanently enjoin Dickerson from acting as a board member and also sought a declaration that any actions taken by him after July 2010 are null and void and without legal effect. Dickerson argued that the removal of a board member is an action that is solely within the jurisdiction of the education commissioner. The court held that it lacks jurisdiction to invalidate Dickerson’s position on the board, as that jurisdiction falls solely within the exclusive domain of the commissioner or the board. The court also held that the failure to name the board as a party results in dismissal of the action.
