New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter E - Elementary and Secondary Education
Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals
Section 113.16 - Service of appeal papers, applications and amicus curiae papers

(a) Statement of appeal.

A copy of the statement of appeal and all papers annexed thereto and any memorandum in connection therewith shall be served upon the respondent by certified mail (return receipt requested) or by personal service during normal business hours.

(b) Subsequent appeal papers and applications.

Each party to an appeal shall serve upon the other parties or if any party is represented by counsel, upon his counsel, all subsequent appeal papers and any papers annexed thereto and any applications or other papers by certified mail (return receipt requested) or by personal service during normal business hours.

(c) Amicus curiae applications and papers.

An organization or other person applying to the appeal board for permission to participate in an appeal amicus curiae shall serve his application on all parties to the appeal or if any party is represented by counsel, upon his counsel. Any affidavits, memoranda or other papers filed in an appeal by an amicus curiae shall be served on all parties or if any party is represented by counsel, upon his counsel.

(d) Personal service.

Appeal papers may be served personally by any person not a party to the appeal who is over the age of 18 years.

(e) Affidavit of service.

Promptly after the service of any appeal paper, the original, together with an affidavit of service of a copy thereof, shall be filed with the city board. The affidavit of service shall be in the form set forth below:

STATE OF NEW YORK)

..) SS.:..................................................................................

COUNTY OF.. )...................................................................

______, being duly sworn, deposes and says that he is over the age of eighteen years; that on the __ day of __ 19 __ he [personally served during normal business hours] [mailed by certified mail (return receipt requested)] a true copy of the annexed ______[upon, to]

(name of appeal papers)

Mr. ______ at No. __ Street, ____, New York.

Deponent further says that he knows the person so served to hold the office of ______

(Signature)

Subscribed and sworn to before me this

day of

19

(Signature and title of officer)