New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle D - Orders › Part 850 - Rules of Practice › Section 850.14 - Miscellaneous appeals and proceedings

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a)
Unemployment insurance appeals.
An appeal from a decision of the Unemployment
							 Insurance Appeal Board may be prosecuted in accordance with written
							 instructions which are available from the clerk of the court or the Department
							 of Law, Employment Security Bureau. There are no filing fees associated with
							 Unemployment Insurance appeals.
(b)
Workers' compensation
						  appeals.
An appeal from a decision of the Workers'
							 Compensation Board shall be prosecuted in accordance with sections 1250.6 and
							 1250.7 of this Title. In addition,
							 the record shall contain a record list and a copy of each item identified in
							 the record list, including those items the appellant reasonably assumes will be
							 relied upon by a respondent.
(1)
						  Record list.
(i) The appellant shall prepare
						  a list of the papers relevant to those issues intended to be presented for
						  review by the court.
(ii) Unless,
						  within 45 days after service of a notice of appeal, the Workers' Compensation
						  Board shall vacate, modify or rescind the decision which is the subject of the
						  appeal, within 30 days after expiration of said 45 days or, in the event the
						  board sooner determines that it will not vacate, modify or rescind the
						  decision, within 30 days after the board serves a notice of such determination
						  on the appellant, the appellant shall serve a copy of the proposed record list
						  upon the Attorney General and each party affected by the board decision,
						  together with a written stipulation reciting that the papers, testimony and
						  exhibits listed therein constitute all of the papers necessary and relevant to
						  the issues. The appellant shall also serve upon the parties affected a written
						  request to stipulate to the contents of the record list within 20 days. Within
						  20 days after such service, any party so served may make objections or
						  amendments to the record list and serve them upon the appellant.
(iii) Within 20 days after service of a
						  proposed record list, a party respondent shall serve upon the appellant any
						  proposed objections or amendments thereto. The appellant and the objecting
						  party shall have 20 days thereafter in which to agree upon the objections and
						  amendments to the record list and to stipulate in writing thereto. If they are
						  unable to agree, within 10 days after expiration of said 20 days, the appellant
						  shall make application to the board for settlement of the record list. A copy
						  of the board's decision shall be attached to the record list.
(iv) If a party timely served with a proposed
						  record list shall fail to serve objections or amendments within 20 days, the
						  record list shall be deemed correct as to that party, and the appellant shall
						  affix to the record on appeal an affirmation certifying to the timely service
						  of the proposed record list and request to stipulate and to the failure of one
						  or more parties to comply with the request or to make objections or amendments
						  thereto within the time prescribed.
(v) When filing the record on appeal, the
						  appellant shall file the record list, together with the stipulation, board
						  decision or affirmation.
(vi) A
						  decision of the board upon an application to settle a record list shall be
						  reviewable by motion pursuant to section
						  1250.4 of this Title. The moving
						  papers shall contain a copy of the board decision and the papers submitted to
						  the board upon the application. Where necessary, the court will obtain the
						  board's file for use on the motion.