New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter IV - Appeals And Other Proceedings Before the Commissioner
Part 276 - RULES OF PRACTICE
Section 276.3 - Extensions of time to answer or reply
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The commissioner may permit an extension of time to answer the petition or reply to an answer upon good cause shown and upon such terms and conditions as the commissioner may specify. A party seeking an extension shall make such request to the Office of Counsel prior to the expiration of the time to serve such answer or reply.
(b) Notwithstanding the provisions of subdivision (a) of this section, in an appeal regarding a homeless child's or youth's access to a free, appropriate public education pursuant to section 100.2(x) of this Title, the petitioner may elect to provide notice of the application for an extension of time to reply to an answer to all parties by delivering the application to the local educational agency liaison for homeless children and youth. The local educational agency liaison for homeless children and youth shall mail the application to all adverse parties and the office of counsel. Such application shall be in writing and must be postmarked not later than five days prior to the date on which the time to reply will expire, and shall set forth in full the reasons for the request.
