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 276.5 - Additional affidavits, exhibits and other supporting papers

(a) The commissioner may permit or require the service and filing of affidavits, exhibits and other supporting papers, in addition to those served in accordance with sections 275.8, 275.13 and 275.14 of this Title, upon good cause shown and such terms and conditions as the commissioner may specify. A party seeking to file affidavits, exhibits and other supporting papers pursuant to this subdivision shall submit an application to the Office of Counsel, which shall state the reason(s) why such affidavits, exhibits or other supporting papers are necessary and include a copy of each such affidavit, exhibit or other supporting papers, together with proof of service of the application and the proposed exhibits, affidavits or other supporting papers upon all parties in accordance with section 275.8(b) of this Part.

(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 application and proposed affidavits, exhibits and other supporting papers may be served in accordance with section 275.8(b) or (e) of this Title.

(c) The provisions of this section shall not apply to a charter school location/co-location appeal pursuant to section 276.11 of this Part.