Decision No. 12,669

(March 20, 1992)

Raymond G. Kruse, Esq., attorney for respondent

SOBOL, Commissioner.--Petitioner seeks a reopening of my decision in Application of a Child with a Handicapping Condition (31 Ed Dept Rep ___, Decision No. 12570, dated August 21, 1991). The application must be denied.

An application to reopen must present new, material evidence not available at the time of the original proceeding, or show that the prior decision was rendered under a misapprehension of fact (8 NYCRR 276.8[a]; Application of Nicastri, 30 Ed Dept Rep 235; Application of Robert, 31 Ed Dept Rep ___, Decision No. 12656, dated February 27, 1992). The prior appeal (Application of a Child with a Handicapping Condition, supra) was dismissed on the ground that petitioner failed to comply with '275.10 of the Regulations of the Commissioner of Education (8 NYCRR 275.10). Petitioner's arguments on this application do not address that issue. In any event, petitioner has neither presented new evidence nor established that the prior decision was issued under a misapprehension of fact. The application must therefore be denied.

THE APPLICATION IS DENIED.

END OF FILE

---