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MATTER OF MOUNT VERNON CITY SCH. DIST. v. R.N.

2019-02470. Index No. 66291/18.

188 A.D.3d 889 (2020)

132 N.Y.S.3d 319

2020 NY Slip Op 06530

In the Matter of Mount Vernon City School District, Appellant, v. R.N., Respondent, and Office of State Review of the New York State Education Department, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 12, 2020.

Ordered that the judgment is affirmed, with costs.

Pursuant to 8 NYCRR 279.4(a), the petitioner had 40 days after the date of an impartial hearing officer's decision to serve a request for review. Here, the impartial hearing officer's decision was dated March 23, 2018, and the petitioner served its request for review 43 days later on May 5, 2018. Accordingly, the Office of State Review of the New York State Education Department (hereinafter Office of State Review...

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