BUFFALO, N.Y. -- The state education commissioner could throw out a petition to remove Buffalo School Board member Carl Paladino from office. According to communications between the involved parties, Paladino's attorney does not believe he was properly served.

District Parent Coordinating Council President Sam Radford said his organization served the board of education, of which Paladino's a member. He said the organization has experience dealing with State Ed.

"We did what we've always done," he said. "We've obviously had 11 petitions that we've filed, that included Mr. Paladino, every one of them was considered properly served."

NYSED noted Paladino's lawyer, former state Attorney General Dennis Vacco, claimed his client never personally received the petition or notice of petition.

"Obviously, that's not something the state education department has required in the past and so we're confident they won't require it now," Radford said.

Buffalo Teachers Federation President Phil Rumore believed Vacco's argument has merit.

"Upon reading it, it's obvious that he wasn't served personally, which you have to be served personally," Rumore said.

Three other organizations have filed a petition to remove the board member including the BTF. Rumore said his organization did serve Paladino directly and doesn't believe losing the DPCC petition hurts the cause.

"I'd just as soon have their petition thrown out anyway because some of the things that are in there are ridiculous," he said. "For example he's asking for the entire board to be removed and then have all the power in the hands of the superintendent."

Like the other three, the DPCC's petition asks for Paladino to be removed based on derogatory remarks he made in December, but separately it calls for State Ed to put the entire district in receivership. Radford noted, if granted, it could supersede portions of the new teachers contract.

"I absolutely believe that the BTF's position that they should throw our petition out are based on their self-interests," he said. "It's not based on the merits of the position."

Paladino said neither he nor Vacco could comment about the ongoing litigation. According to a letter from NYSED, if they wants to legally contend he was served improperly, they need to include it in a response due Thursday.