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Decision No. 15,092

Appeal of KEVIN P. and ADELAIDA O"BRIEN on behalf of CRYSTAL F. DELL"ERA from action of the Chester Union Free School District regarding residency.



(July 26, 2004)


Shaw & Perelson, LLP, attorneys for respondent, David S. Shaw and Jillian E. Cass, Esqs., of counsel


MILLS, Commissioner.--Petitioners appeal the determi-nation of the Board of Education of the Chester Union Free School District ("respondent") that Crystal Dell"Era is not a district resident.  The appeal must be dismissed as untimely.

An appeal to the Commissioner must be commenced within 30 days from the making of the decision or the performance of the act complained of, unless excused by the Commissioner for good cause shown (8 NYCRR "275.16; Appeal of Recore, 42 Ed Dept Rep 283, Decision No.  14,856; Appeal of Phillips, 40 id. 241, Decision No. 14,471).  Petitioners were informed of respondent"s determination on March 18, 2004.  Petitioners served the petition on June 3, 2004, beyond the thirty-day period.  Petitioners offer insufficient reason for the delay. Therefore, the appeal must be dismissed.

While the appeal must be dismissed, I note that petitioners retain the right to reapply to the district for admission on Crystal"s behalf at any time and to present any new information for respondent"s consideration (Appeal of Santoianni, 40 Ed Dept Rep 237, Decision No. 14,470; Appeal of D.F., 39 id. 106, Decision No. 14,187; Appeal of Swezey, 39 id. 81, Decision No. 14,180).