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 275.11 - Notice of petition

(a) Each petition must contain the following notice, except that in the case of a charter school location/co-location appeal pursuant to section 276.11 of this Title, the petition must contain the notice prescribed in such section 276.11 of this Title:

Notice:

You are hereby required to appear in this appeal and to answer the allegations contained in the petition. Your answer must conform with the provisions of the regulations of the Commissioner of Education relating to appeals before the Commissioner of Education, copies of which are available at www.counsel.nysed.gov or from the Office of Counsel, New York State Education Department, State Education Building, Albany, NY 12234.

If an answer is not served and filed in accordance with the provisions of such rules, the statements contained in the petition will be deemed to be true statements, and a decision will be rendered thereon by the commissioner.

Please take notice that such rules require that an answer to the petition must be served upon the petitioner, or if the petitioner be represented by counsel, upon the counsel, within 20 days after the service of the appeal, and that a copy of such answer must, within five days after such service, be filed with the Office of Counsel, New York State Education Department, State Education Building, Albany, NY 12234.

A petition shall not be dismissed for failure to include such language, but the lack thereof may excuse the submission of a late answer.

(b) If a stay is being requested, the notice provisions of section 276.1 of this Title shall also apply.

(c) If seeking removal of a school officer, the notice provisions of section 277.1 of this Title shall also apply.