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Decision No. 15,476

Appeal of G.B., on behalf of his son D.B., from action of the New York City Department of Education regarding transportation.

Decision No. 15,476

(October 6, 2006)

Michael A. Cardozo, Corporation Counsel, attorney for respondent

MILLS, Commissioner.--Petitioner requests a determination that it is medically necessary for his son, D.B., to receive transportation from the New York City Department of Education (“respondent”). 

The appeal must be dismissed due to improper service. Section 275.8(a) of the Commissioner’s regulations requires that the petition be personally served upon each named respondent.  If a school district is named as a respondent, service upon the school district shall be made personally by delivering a copy of the petition to the district clerk, to any trustee or any member of the board of education, to the superintendent of schools, or to a person in the office of the superintendent who has been designated by the board of education to accept service (8 NYCRR §275.8[a]).  The New York City Law Department has been designated by respondent to accept service on its behalf.

Petitioner’s affidavit of service indicates that the petition was served on the Board of Education by mailing a copy to the Commissioner.  There is no indication that the appeal was otherwise delivered to or received by respondent.  Therefore, the appeal must be dismissed for improper service (Appeal of Harmon, 43 Ed Dept Rep 478, Decision No. 15,057; Appeal of Lilker, 39 id. 614, Decision No. 14,328.)