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Opinion

In a letter published in your Oct. 23 edition, Francis X. Duffy seeks to continue raising the issue of Lee Place Walkway which has been adjudicated not once but twice by two separate legal entities in the school district's favor. Duffy keeps raising the same questions that have been answered in court but for some reason he keeps asking, hoping to have made this his life's work. Reiterating the same information over and over again serves no purpose. However, for the purpose of updating the community yet another time, I provide the following.

In 1963 after the Town of Oyster Bay confirmed that the walkway in Marjorie Post Park from Lee Place to Condee Lane was a public route, the Massapequa Board of Education has legally and rightfully measured the distances for transportation to the Unqua School using this walkway. From 1963 to 1998 the Lee Place Walkway has been patrolled during school hours by a Nassau County school crossing guard.

There have been two separate judicial challenges to this policy and in both cases the district's positions were sustained. First, in Nassau County Supreme Court it was held that the walkway was maintained by the Town of Oyster Bay Park personnel, that the walk was paved and not hazardous, and that the board could legally utilize the walkway in measuring eligibility for transportation. Second, in an appeal to the Commissioner of Education, it was decided that measurement for student transportation could be along a publicly maintained route not limited to vehicular streets and in effect, confirmed the Nassau County court decision.

Several years ago, and on one occasion only, during a serious snowstorm, I directed school personnel to assist in clearing Lee Place Walkway of snow. That occurrence has not been repeated. Town of Oyster Bay personnel have the responsibility for maintaining the walkway and they have fulfilled this responsibility.

All of the above were argued fully and completely in both the court and commissioner cases. Duffy should be satisfied that he has had his day in court not once but twice. School children have been traversing the walkway safely and without incident for more than 30 years. It's time to move on.

James I. Brucia, Ed.D.

Superintendent of Schools



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