On December 7, 2011, the Supreme Court of the State of New York, County of Nassau, granted a motion brought by Jaspan Schlesinger LLP on behalf of a school board member to dismiss a complaint brought against him by a resident of the school district. The complaint sought to enjoin the board member from holding himself out as a member of the school board and effectively requested the Court to declare as unauthorized those board actions which the board member participated in during the time period in question.
Jaspan Schlesinger LLP successfully argued on behalf of the board member that the plaintiff was, in effect, actually seeking the removal of the board member from the board and that such action was solely within the jurisdiction of the Commissioner of Education for the State of New York. The Court also agreed with Jaspan Schlesinger LLP that since the complaint sought a declaration that the board had acted without authority, the Board of Education was a necessary party and, therefore, the plaintiff could not proceed with his lawsuit. Finally, the Court agreed with Jaspan Schlesinger LLP’s argument that there was no purpose in allowing the plaintiff to amend his complaint because the proposed amendment was without merit.