N.Y. Comp. Codes R. & Regs. tit. 8 § 276.1

Current through Register Vol. 46, No. 43, October 23, 2024

Section 276.1 - Stay of proceedings

(a) The initiation of an appeal shall not, in and of itself, effect a stay of any proceedings on the part of any respondent. A petitioner desiring a stay shall make application therefor by a duly verified petition, stating the facts and the law upon which such stay should be granted. Affidavits in opposition to an application for a stay order may be submitted by any party opposing such application. Such affidavits shall be served within three business days after service of the petition on all other parties, and the original affidavits shall be transmitted to the Office of Counsel, New York State Education Department, State Education Department Building, Albany, NY 12234 by personal delivery, express mail delivery, or equivalent means reasonably calculated to assure receipt of such affidavits within 24 hours of service, unless the commissioner shall provide otherwise. The commissioner may, in his/her discretion, with or without application therefor, grant a stay if in the commissioner's judgement the issuance of such a stay is necessary to protect the interests of the parties, or any of them, pending an ultimate determination of the appeal.

(b) A petition which contains a request for a stay shall contain the following notice in addition to that otherwise required by this Title:

Please take further notice that the within petition contains an application for a stay order. Affidavits in opposition to the application for a stay must be served on all other parties and filed with the Office of Counsel within three business days after service of the petition.

(c) The provisions of this section shall not apply to appeals brought pursuant to section 4404 of the Education Law seeking review of a determination of an impartial hearing officer. The provisions of subdivision 4 of section 4404 of the Education Law and section 200.5(l) of the Regulations of the Commissioner of Education shall apply exclusively in such appeals. A determination of pendency pursuant to subdivision 4 of section 4404 of the Education Law shall be made in writing, in the first instance, by the impartial hearing officer and may be reviewed by a State review officer.

(d) The provisions of this section shall not apply to a charter school location/co-location appeal pursuant to section 276.11 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 276.1