N.Y. Labor Law § 621: Appeals to appeal board

§ 621. Appeals to appeal board. 1. Disputed claims for benefits.

Within twenty days after the mailing or personal delivery of notice of

the decision of a referee on contested benefit claims, the claimant and

the employer, provided he appeared at the hearing, may appeal to the

appeal board by filing a notice of appeal in the local state employment

office in accordance with such rules as the appeal board shall

prescribe. Within the same period of time and in the same manner, the

commissioner may also appeal to the appeal board, regardless of whether

or not he appeared or was represented at the hearing before the referee.

2. Contested determinations, rules, or orders. Within twenty days

after the mailing or personal delivery of notice of the decision after a

hearing on contested determinations, rules or orders by the

commissioner, the employer may take an appeal to the appeal board,

provided he appeared at the hearing, by filing a notice of appeal with

the commissioner, and the commissioner may likewise within such period

take an appeal to the board by giving written notice thereof to the

employer, regardless of whether or not the commissioner appeared or was

represented at the hearing before the referee.

3. Conduct of appeals. The appeal board may decide any case appealed

to it under any provision of this article on the basis of the record and

of evidence previously submitted in such case, or it may in its

discretion hear argument or hold a further hearing, or remand such case

to a referee for such purposes as it may direct. If a further hearing is

to be held or argument had, the board shall fix a time therefor and

shall notify the commissioner, regardless of whether or not he had

appeared or been represented at the hearing before the referee, and any

other party affected, provided such other party appeared at the hearing

before the referee. The board may affirm or reverse, wholly or in part,

or may modify the decision appealed from and shall render its decision

promptly and shall thereupon send written notice thereof together with

the reasons therefor to the commissioner and any other party affected

thereby who appeared at the hearing before the referee.