N.Y. Defense Emergency Act 1951 784/51 § 75: Appeals

§ 75. Appeals. Any person in interest who is aggrieved by any

determination of the industrial commissioner with respect to an

application for or grant, denial or revocation of a dispensation under

this article may appeal to the New York state board of standards and

appeals. Such an appeal may be taken within twenty days after the date

notice of such determination is given to the applicant by such

commissioner. The applicant for the dispensation shall have the burden

of proving that the granting or continuance of a dispensation is

warranted in his particular case. The board is hereby authorized to

affirm, reverse or modify any determination of the industrial

commissioner under this article. The board shall order a hearing if it

deems a hearing necessary in order to enable it to decide the issues

raised. In a case where a hearing is not so ordered, the board may

decide the appeal upon written submissions. The determinations of the

board upon questions of fact shall be conclusive. Within twenty days

after notice of the determination of the board is given to the

applicant, an appeal may be taken upon questions of law to the appellate

division of the supreme court, third department. The filing of a

petition of appeal with the board of standards and appeals in accordance

with that board's rules of procedure, or the filing of a notice of

appeal with such court, shall not stay the determination of the

industrial commissioner under this article.