N.Y. Comp. Codes R. & Regs. tit. 8 § 279.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 279.7 - Names of parties or attorneys to be endorsed on all papers and verification of pleadings

(a) All pleadings and papers submitted to a State Review Officer in connection with an appeal must be endorsed with the name, mailing address, and telephone number of the party submitting the same or, if a party is represented by counsel, with the name, mailing address, and telephone number of the party's attorney.

(b) All pleadings shall be verified. The request for review shall be verified by the oath of at least one of the petitioners, except that when the appeal is taken by the trustees, the board of trustees, or the board of education of a school district, it shall be verified by any person who is familiar with the facts underlying the appeal, pursuant to a resolution of such trustees or board authorizing the commencement of such appeal on behalf of such trustees or board. An answer shall be verified by the oath of the respondent submitting such answer, except that when the respondent is the trustees, the board of trustees, or the board of education of a school district, verification of the answer shall be made by any person who is familiar with the facts underlying the appeal. If two or more respondents are united in interest, verification of the answer shall be made by at least one of them who is familiar with the facts underlying the appeal. A reply shall be verified in the manner set forth for the verification of an answer.

(1) Affidavit of verification. The affidavit of verification shall be in substantially the following form:

STATE OF ___________________

COUNTY OF __________________ ss.:

_______________________________, being duly sworn, deposes and says that is the _________________ in this proceeding; that has read the annexed _________________ and knows the contents thereof; that the same is true to the knowledge of deponent except as to the matters therein stated to be alleged upon information and belief, and as to those matters believes it to be true.

__________________________________

(Signature)

Subscribed and sworn to before me this

__________ day of ____________, 20 _________

______________________

(Signature and title of officer)

(2) Oaths. All oaths required by this Part may be taken before any person authorized to administer oaths by the State of New York.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 279.7

Amended New York State Register September 28, 2016/Volume XXXVIII, Issue 39, eff. 1/1/2017