N.Y. Second Class Cities Law § 148: Appeals from orders of health officer

§ 148. Appeals from orders of health officer. Any person aggrieved by

an order, decision or direction of the health officer, may appeal

therefrom to the commissioner, who may affirm, reverse or modify the

order, decision or direction appealed from. Such appeal must be made by

serving on the health officer a written notice of appeal within two

days, Sundays and legal holidays excepted, or within such further time

as shall be allowed by the commissioner after the appellant receives

notice of the order, decision or direction appealed from. Within two

days after receiving such notice of appeal, Sundays and legal holidays

excepted, the health officer shall make a written return to the

commissioner of the facts and evidence on which such an order, decision

or direction is founded. Upon receipt of such return, or if no return be

made within the time specified, the commissioner shall forthwith proceed

to hear and determine the matter. Upon such appeal the commissioner need

not be confined to the evidence contained in the return but in his

discretion may take additional evidence. Until the decision of the

appeal be made, the order, decision or direction appealed from shall be

suspended. In case of failure to sustain the appeal, the commissioner

may, in his discretion, impose costs not exceeding ten dollars upon the

appellant.