Appealing a Hearing Decision
If an Administrative Law Judge upholds the violation and finds you are guilty at a hearing, you have the right to appeal this decision if you believe a judicial error was made.
To request an appeal, file an Application for Appeal within 30 days of the Administrative Law Judge's hearing decision.
Appeals are reviewed only if:
- The Appeals Board receives your completed Application
for an Appeal form within 30 days of the original hearing decision;
- You have paid the amount assessed at the original
hearing. You may enclose payment with the Application for Appeal. This amount will be refunded if your appeal is successful.
If you are financially unable to pay the amount due prior to
the Appeal Hearing, you may apply for a waiver by submitting an Application to
Proceed as an Indigent Person, which will be considered by the Appeals Panel at
the time of the Appeal Hearing.
If a last-minute emergency prevents you from attending a scheduled appeal and you can not notify Finance in writing, you must notify the Appeals Board by calling 212-361-5990. If you do not notify Finance your appeal will not be rescheduled.
Application for Appeal
Download Application (111k)
Application to Proceed as an Indigent Person
Download Application (24k)
The Appeals Determination
One of the following determinations can be made by The Appeals Board:
- Affirm (i.e. uphold) the original hearing decision
- Modify the original hearing decision
- Reverse the hearing decision
- Return the case for a completely new hearing, or
- Decide that there was no issue on which to base your appeal.
The Appeals Board determination will be mailed to
you. If the appeal results in a reduction of the fine or a dismissal of the
violation, Finance will automatically mail a refund of the amount paid within 30
days to the individual who requested the appeal.
You have the right to file an Article 78 Proceeding by visiting the Clerk of the Supreme Court for New York County at 60 Centre Street, Room 1008, New York, NY 10007.