New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 275 - Parties And Pleadings › Section 275.9 - Filing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within five
				days after the service of any pleading or paper or, in the case of a charter
				school location/co-location appeal pursuant to section
				276.11  of this Title, within the
				period specified in such section
				276.11  of this Title, a complete
				electronic copy of the original, together with the affidavit of verification
				and an affidavit proving the service of a copy thereof, shall be transmitted to
				the Office of Counsel as an email attachment, in a secure digital format that
				cannot be edited, at the following email address:legal@nysed.gov. Provided,
				however, that if electronic filing cannot be accomplished, the original
				pleading or paper, together with the affidavit of verification and an affidavit
				proving the service of a copy of the pleading or paper, shall be transmitted to
				the Office of Counsel, New York State Education Department, State Education
				Building, Albany, NY 12234. The affidavit of service shall be in substantially
				the form set forth below and shall indicate the name and, if applicable,
				official title of the person upon whom service was made.
FORM FOR AFFIDAVIT OF PERSONAL SERVICE
STATE OF NEW YORK
COUNTY OF ____ss.:
______, being duly sworn, deposes and says that he/she 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 town of ____, county of
				  ______, State of New York, he/she served the annexed ____ on ____ by delivering
				  to and leaving with said ____ at said time and place a true copy
				  thereof.
Deponent further says he/she knew the person so served to be
				  the said ____ who is __ in said district and who is duly authorized to accept
				  service.
(Signature)
Subscribed and sworn to
				  before............................................................
me this ____ day of ____, 20 _.
(Signature of notary public)
FORM FOR AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK
COUNTY OF ____ ss.:
______, being duly sworn, deposes and says that he/she is
				  over the age of eighteen years and is not a party in this proceeding; that on
				  the __ day of __, 20 __, deponent served the within ____ upon ____ in this
				  action, at ____, the addresses designated by ____ for that purpose, by
				  depositing a true copy of the same by mail, enclosed in a post paid properly
				  addressed wrapper, in __ a post office ____ official depository under the
				  exclusive care and custody of the United States Post Office Department.
(Signature)
Subscribed and sworn to before me this day of __, 20
				  __
________
(
Signature of notary public
)
FORM FOR AFFIDAVIT OF SERVICE BY PRIVATE EXPRESS
				  DELIVERY SERVICE
STATE OF NEW YORK
COUNTY OF ____ss.:
______, being duly sworn, deposes and says that he/she is
				  over the age of eighteen years and is not a party in this proceeding; that on
				  the __ day of __, 20 __, deponent served the within ____ upon ____ in this
				  action, at ____, the addresses designated by ____ for that purpose, by:
(1) delivering a true copy of the same,
				enclosed in a properly addressed wrapper, to an employee/agent of ______ (name
				of private express delivery service), for delivery to said party at said
				address; or
(2) depositing a true
				copy of the same, enclosed in a properly addressed wrapper, in a depository of
				______ (name of private express delivery service) for delivery to said party at
				said address.
(Signature)
Subscribed and sworn to
				  before.............................................................
me this ____ day of ____, 20 _.
(Signature of notary public)