LANGSTON LANGSTON v. IROQUOIS CENTRAL SCHOOL DISTRICT (2002)

 Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination suspending his son from high school.   Supreme Court erred in denying respondents' motion to dismiss the proceeding as barred by the doctrine of primary jurisdiction and in transferring the proceeding to this Court pursuant to CPLR 7804(g).  “The doctrine of primary jurisdiction ‘applies where a claim is originally cognizable in the courts, and comes into play whenever enforcement of the claim requires the resolution of issues which, under a regulatory scheme, have been placed within the special competence of an administrative body;  in such a case the judicial process is suspended pending referral of such issues to the administrative body for its views' ” (Staatsburg Water Co. v. Staatsburg Fire Dist., 72 N.Y.2d 147, 156, 531 N.Y.S.2d 876, 527 N.E.2d 754).   Here, petitioner failed to “appeal by petition” to the Commissioner of Education pursuant to Education Law § 310(7) and thus a court should not exercise jurisdiction in this matter until such an appeal is taken (see, Matter of Patti Ann H. v. New York Med. Coll., 88 A.D.2d 296, 300-301, 453 N.Y.S.2d 196, affd. 58 N.Y.2d 734, 459 N.Y.S.2d 27, 445 N.E.2d 203).   Although “[t]here is no fixed formula governing the application of the doctrine [of primary jurisdiction] to the facts of a particular case” (Heller v. Coca-Cola Co., 230 A.D.2d 768, 769, 646 N.Y.S.2d 524, lv. denied in part and dismissed in part 89 N.Y.2d 856, 653 N.Y.S.2d 275, 675 N.E.2d 1227), we conclude that the doctrine applies here because the claim depends upon “the specialized knowledge and experience” of the Commissioner of Education (Matter of Hessney v. Board of Educ., 228 A.D.2d 954, 955, 644 N.Y.S.2d 826, lv. denied 89 N.Y.2d 801, 653 N.Y.S.2d 278, 675 N.E.2d 1231).   In view of our determination, we do not address the merits of the petition.

It is hereby ORDERED that said petition be and the same hereby is unanimously dismissed without costs.

MEMORANDUM: