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Monday, February 9, 2009

Deadline to file SRO appeal may be one day longer than you thought

SRO 08-116: Generally speaking a party has 35 days to file an appeal plus 4 additional days if the decision was mailed. When does the clock start running? In SRO 08-116, Paul Kelly stated that
“as a general rule, in the absence of evidence in the hearing record identifying the date of mailing, the date of mailing is presumed to be the next day after the date of the decision (see Application of a Student with a Disability, Appeal No. 08-065).” The date of mailing and the following 4 days are then excluded from the calculation(8 NYCRR 279.2(b)).

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