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The state education commissioner has dismissed the appeal to remove a Hamburg Central School Board member – 10 months after the man’s term ended and he left the board.

Board Member Matthew A. Dils was first elected to the board in 2002 and served four terms before deciding not to seek re-election in 2013.

Former Hamburg teacher Charles F. Mahoney filed a petition with the state education commissioner in 2012 asking that Dils be removed for missing board meetings.

Commissioner John B. King Jr. said in his written decision that the appeal now is moot, and Mahoney did not comply with the proper procedures on notifying Dils. But he also said that the appeal would have been dismissed on its merits, because Dils provided a valid excuse for the absences to the board.

The dismissal of the petition is the second time Mahoney has been rebuffed recently on actions he filed against Dils.

Acting State Supreme Court Justice Michael L. D’Amico last month dismissed a defamation suit Mahoney filed against Dils. The judge’s decision said that Mahoney failed to prove that the statements allegedly made by Dils were defamatory or that Mahoney suffered special damages.

email: bobrien@buffnews.com