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 276.9 - Dismissal of appeal
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 276.9
Current through Register Vol. 46, No. 12, March 20, 2024
The commissioner may, in his/her discretion, and at any stage of the proceedings, dismiss an appeal if it appears to the commissioner's satisfaction that the appeal is untimely, pursuant to section 275.16 of this Title; that the petition does not set forth a clear and concise statement of the petitioner's claim; that the commissioner lacks jurisdiction over the subject matter of the appeal; or that the appeal has become moot. The provisions of this section shall not apply to appeals before a State review officer of the State Education Department brought pursuant to section 4404 of the Education Law.
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