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Decision No. 14,650

Reopening of the appeal of C.D., on behalf of M.B., from action of the Board of Education of the Livingston Manor Central School District regarding student discipline.

Decision No. 14,650

(October 24, 2001)

Hogan & Sarzynski, LLP, attorneys for respondent, Wendy K. DeWind, Esq., of counsel

MILLS, Commissioner.--Pursuant to "276.8(c) of the Regulations of the Commissioner of Education, I hereby determine that Decision No. 14,642, dated September 5, 2001, must be reopened in the interests of justice to address a procedural matter.

I dismissed the original appeal on procedural grounds and on the merits. With regard to the procedural grounds, I found that the appeal was not commenced within the 30 day period specified in the Commissioner"s regulations (8 NYCRR "275.16). With regard to the merits, I stated: "[e]ven if the appeal were not dismissed on procedural grounds, I would dismiss it on the merits, since I find substantial evidence in the record to support both the superintendent"s findings of fact and the penalty imposed."

It has recently been brought to my attention that the original appeal was, in fact, commenced in a timely manner, and should not have been dismissed on that basis. My decision to dismiss the appeal on the merits, however, remains unchanged. Accordingly, the original appeal is dismissed, but only on the merits of the appeal.

IT IS ORDERED that Decision No. 14,642 is reopened and modified to the extent indicated above.