N.Y. Comp. Codes R. & Regs. tit. 8 § 275.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 275.5 - Verification

(a) All pleadings shall be verified. The petition shall be verified by the oath of at least one of the petitioners, except that when the appeal is taken by the trustee or the board of trustees or board of education of a school district, it shall be verified by any person who is familiar with the facts underlying the appeal, pursuant to a resolution of such board authorizing the commencement of such appeal on behalf of such trustees or board. An answer shall be verified by the oath of the respondent submitting such answer. If the appeal is brought from the action of the trustee or board of trustees or board of education of a school district, verification of the answer shall be made by any person who is familiar with the facts underlying the appeal. If two or more respondents are united in interest, verification of the answer shall be made by at least one of them who is familiar with the facts. When a party is a corporation, limited liability company (LLC), limited liability partnership (LLP), or other business entity, the verification shall be made by an officer or other authorized representative thereof. A reply shall be verified in the manner set forth for the verification of an answer.

(b) Notwithstanding the provisions of subdivision (a) of this section, in an appeal regarding a homeless child's or youth's access to a free, appropriate public education pursuant to section 100.2(x) of this Title, the parent or guardian of a homeless child or youth or unaccompanied youth as defined in section 100.2(x) of this Title, in lieu of verifying his/her pleading(s) pursuant to subdivision (a) of this section, may include in each pleading a statement that is signed by such parent or guardian or unaccompanied youth and which indicates that based on his/her information and belief the information contained in the pleading is true and an acknowledgment that he/she is aware that, pursuant to Penal Law section 175.30, a person who knowingly offers a false instrument for filing to a public official or public servant is guilty of Offering a False Instrument for Filing in the 2nd Degree, a Class A Misdemeanor.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 275.5