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Eric Snyder is a lawyer with two kids in the public school system. In his lawsuit, he says the waiver granted to Black by State Education Commissioner David Steiner was illegal because the law states the chancellor must have a master's degree.

Black needed the waiver because she has no educational background.

"I started with the commissioner and the New York State Education Department
and then went up until it hit the top which was the Board of Regents because I wanted to make sure I didn't leave anyone out," Snyder said.

Snyder says in addition to her lack of educational experience, he doesn't like the fact that the magazine executive's own kids went to private schools. He's also concerned if Black runs the city's public schools, standardized testing will continue to be emphasized.

"The best way to determine how well a child is doing is by grading a student, by grading a teacher, by grading a school, by grading a district -- that is a factor, but I think these standardized tests that these students have to teach for and that the students have to teach has just become the centerpiece of education and to me, education is a little more complicated," Snyder said.

Snyder, a lawyer who usually handles creditors’ rights and bankruptcy reorganizations, was also one of the plaintiffs in an unsuccessful lawsuit that tried to stop Mayor Michael Bloomberg from seeking a third term.

The education department and the mayor's office both declined comment, citing pending litigation.

A Supreme Court judge will hold a hearing on the suit in Albany on December 23.

Black is slated to take office on January 3rd.