N.Y. Comp. Codes R. & Regs. tit. 6 § 647.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 647.4 - Record on appeal

(a) Within 10 days of receiving a notice of appeal, weekends and holidays excluded, the respondent commissioner, agency or APA shall transmit to the docket clerk of the board the original papers and exhibits filed with it, the transcript of proceedings, if any, and any other materials presented to it, together with a copy of the decision or order appealed from and a copy of the local law or ordinance by which the decision or order is authorized.

(b) Appellant shall offer to assist respondent in assembling the record to assure that the full and original record of the decision or order appealed from is in fact transmitted to the board's docket clerk. The appellant may confer with and assist the respective clerk or other official designated by the commissioner, agency or APA as the official who is responsible for transmitting the record to the board's docket clerk. The commissioner, agency or APA may issue such regulations not inconsistent wiht this Part as may be necessary or desirable to facilitate and arrange for the consultation and assistance by th appellant, and transmittal of the record.

(c) Upon receiving the answer, the board's docket clerk shall give notice, in writing by mail, of the date the answer is received, and specify a briefing schedule.

(d) If anything material to a party is omitted from or misstated in the record, the parties may supplement or correct the record by stipulation or by affidavit, or the board may order the filing of a supplemental and corrected record.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 647.4