N.Y. Comp. Codes R. & Regs. tit. 8 § 281.6

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

Section 281.6 - Institution of appeal

The appellant shall institute an appeal to the commissioner by:

(a) preparing an appeal, in letter format signed by appellant or appellant' s counsel, that shall include the following:

(1) name of appellant;

(2) name of arbitrator;

(3) date of arbitrator's decision;

(4) date of chancellor's decision;

(5) date of receipt by appellant of written notice of the chancellor' s decision;

(6) a clear and concise statement, not to exceed 500 words, setting forth appellant's claim and showing that the appellant is entitled to the relief sought;

(7) citations to pages of the transcript and exhibits supporting appellant' s claim;

(8) the name, address and phone number of appellant or, if appellant is represented by counsel, of appellant's counsel;

(b) effecting personal service of a copy of the appeal, by a person not a party to the appeal who is over 18 years, upon:

(1) the chancellor, or a person designated to accept service on behalf of the chancellor; and

(2) the community school district superintendent who initiated the arbitration proceeding, or a person in the office of such superintendent who has been designated to accept service; and

(c) immediately upon completion of personal service, transmitting the original appeal, together with affidavits of service in the form set forth in this subdivision, by first class mail to the Office of Counsel, New York State Education Department, State Education Building, Room 148, Albany, New York 12234.

FORM FOR AFFIDAVIT OF PERSONAL SERVICE

STATE OF NEW YORK)

COUNTY OF. . . . . . . . . . .) ss:

. . . . . . . . . . . . . . . . . . . being duly sworn, deposes and says that (s)he is over the age of eighteen years, and is not a party in this proceeding, that on the. . . . day of. . . . . . ., 20. . at No. . . Street, in the City of New York, County of. . . . . . . . . ., (s)he served the annexed appeal on. . . . . . . . . . . . . ., by delivering and leaving the same with. . . . . . . . . . . . . ., at said time and place.

Deponent further says that (s)he knew the person to be the said. . . . . . . . . . . . . ., who is. . . . . . . . . . . . (title/office) in the City School District of the City of New York.

. . . . . . . . . . . . . . . . . (signature)..............................................................................

Subscribed and sworn to before me

this. . . day of. . . . . . . ., 20. . .

. . . . . . . . . . . . . . . . . . . . . (notary)

N.Y. Comp. Codes R. & Regs. Tit. 8 § 281.6