At IAS Part
of the Supreme Court of the
State of New York, held in and for the
County of Albany, at the Courthouse,
located at 32 North Russell Road, Albany,
New York, on December, , 2010,
PRESENT: A
Honorable -,(Gc efrgt tek
, Justice
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
Index No. Fg
In the Matter of an Article 78 Proceeding
ersonal appearance is
ERIC J. SNYDER, individually and as a parent 4Wrequired. All origina
and natural guardian of the minors, papers shall be filed with
GREGORY C. SNYDER and the Court Cler
ZOE A. SNYDER,
Petitioner,
-against- ORDER TO SHOW C
NEW YORK STATE BOARD OF REGENTS,
THE UNIVERSITY OF THE STATE OF
NEW YORK, NEW YORK STATE
EDUCATION DEPARTMENT, DAVID M.
STEINER, IN HIS CAPACITY AS
COMMISSIONER OF THE NEW YORK
STATE EDUCATION DEPARTMENT,
Respondents.
Upon reading and filing the annexed Verified Petition of Eric J. Snyder,
sworn to December 2, 2010, and the exhibits annexed thereto, it is:
ORDERED that The New York State Board of Regents, the University of the
State of New York, the New York State Education Department, and David M. Steiner, in
his capacity as commissioner (the "Commissioner") of the New York State Education
Department (collectively "Respondents"), show cause before an IAS Part of this
(00449725v1)
Court in Roo , on Decembe , 2010, a .m. or as soon thereafter as counsel
can be heard, why an order should not be made and entered, pursuant to Article 78 of the
New York Civil Practice Law and Rules: (a) finding that the determination by the
Commissioner that Cathleen Black was qualified to receive a district leader certificate
(the "Certificate") to serve as Chancellor of the City School District of the City of New
York, despite the fact that Ms. Black does not possess a master's or higher degree, was an
error of law or was arbitrary and capricious; (b) annulling the granting of the Certificate
to Ms. Black; and (c) for such other and further relief as to this court may deem just and
proper; and it is further
ORDERED that service of a copy of this Order, together with the papers upon
which it is granted, the Petition, with exhibits and the RJI, upon the Respondents as
follows: i) The Board of Regents of the State of New York, 89 Washington Avenue,
Room 110EB, Albany, New York 12234, attention: Merryl H. Tisch; Chancellor;
ii) the University of the State of New York, 89 Washington Avenue, Albany, New York
12234, attention: Milton L. Cofield, Vice Chancellor; iii) New York State Education
Department, 89 Washington Avenue, Albany, New York 12234, attention Erin-O'Grady
Parent, Esq., Acting Counsel and Deputy Commissioner; iv) David M. Steiner,
Commissioner, New York State Education Department, 89 Washington Avenue, Albany,
New York 12234; and v) Office of the Attorney General, Albany Division, the Capitol,
Albany, NY 12224, attention Andrew, Cuomo, Attorney General, via overnight mail, for
receipt on or before December 7, 2010, shall be deemed good and sufficient service
thereof; and it is further
{00449725v1)
ORDERED, that responses to the Petition, if any, shall be served -e4a the
06/6 641
Petitioner, for actual receipt, on or before Decembera9 2010 and that Petitioner may
reply by serving his reply papers, if any, by no later than December 42010. c,t9/94,1
ENTER:
{00449725v1}
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
Index No. '/),2- It)
In the Matter of an Article 78 Proceeding
ERIC J. SNYDER, individually and as a parent
and natural guardian of the minors,
GREGORY C. SNYDER and
ZOE A. SNYDER,
Petitioners,
-against- VERIFIED PETITION
NEW YORK STATE BOARD OF REGENTS,
THE UNIVERSITY OF THE STATE OF NEW YORK,
Albany County Clerk
NEW YORK STATE EDUCATION DEPARTMENT, Document Number 10780941
DAVID M. STEINER, IN HIS CAPACITY AS Rcvd 12/03/2010 11:19:13 AM
1 11 1 1 1 1 1111 1 1 1 1 1 11111 1 11111 1 1 11
COMMISSIONER OF THE NEW YORK
STATE EDUCATION DEPARTMENT,
Respondents.
Eric Snyder, Petitioner, both individually as a taxpayer and the parent and natural
guardian of the minors Gregory C. Snyder and Zoe A. Snyder, pro se, complaining of the
Respondents, pursuant to Article 78 of the Civil Practice Law and Rules, respectfully
alleges as follows:
BASIS FOR THE PETITION
The basis for the Petition is that the requirement that Cathleen Black possess a
master's or higher degree as a condition to obtaining a School District Leader certificate
("Certificate"), under 8 NYCRR §80-3.10(b)(3)(i)(a)(1), cannot be waived by the
Respondents under either Education Law §3003(3) or 8 NYCRR §80-3.1(b)(3)(iii) (the
"Waiver Statutes"). As a result, the Petition seeks an order from the Court:
(i) determining that the issuance by the Respondents of a Certificate, dated November 29,
2010, to Ms. Black, was an error of law or was arbitrary and capricious; and
448899v1
