SCHOOLS PROBING UNLAWFUL DEM USE OF CITY PS
By CARL CAMPANILE

EXCLUSIVE State Democratic Party leader Herman "Denny" Farrell violated a city rule keeping politics out of public schools and the matter has been referred to the city's schools prober, The Post has learned.

Farrell and the Manhattan Democratic Committee held their judicial convention at PS 75 in Harlem on Sept. 22. Farrell is chairman of the committee as well as the state party.

But a Department of Education regulation bars electioneering in any school building - even after hours when students, teachers and other employees have cleared the building.

Allowing Manhattan Democrats to nominate judges in a school building raises eyebrows because officials denied the Bronx Democratic Party's request to hold its judicial convention in a Bronx school on the same day.

Bronx party chief Jose Rivera accused Mayor Bloomberg's education department of selective enforcement.

"Something doesn't sound right," said Rivera.

Farrell was mum over the controversy, saying only, "I refuse to answer on the advice of counsel."

But Howard Wolfson, a spokesman for Farrell and Democrats, slammed the rule as ridiculous.

"If a practice has been going on for decades without complaint, I'm not sure what the issue is," Wolfson said. "I'd be curious to know."

Department spokesman Jerry Russo said PS 75 Principal Robert O'Brien erred by approving the Manhattan Dems' political event without checking the rule.

He said the case has been referred to Special Schools Investigator Richard Condon to determine what action, if any, will be taken against school officials.