§ 3-15 Panel or Board Review of Appeals.
RCNY § 3-15
(a)The Board will establish panels from among its members to review recommended decisions prepared by the Appeals Unit, pursuant to 48 RCNY § 6-19(e), and to issue appeals decisions. A panel may refer a case to the Board for review if the panel is unable to reach a decision. Such case will be considered by the Board and the Board will issue an appeals decision. Unless a party files a request pursuant to Subdivision (b) of this section, the appeals decision of the panel or the Board will be deemed to have been issued by, and become the final determination of the Board, which is also a final determination of the Tribunal. Judicial review of such determination may be sought pursuant to article 78 of the New York Civil Practice Law and Rules (CPLR).
(b)Superseding appeals decisions. Within 10 days of the mailing of the Board's appeals decision, a party may apply to the Board for a superseding appeals decision to correct ministerial errors or errors due to mistake of fact or law. The request for a superseding appeals decision must be served upon the non-requesting party. A decision denying a request for a superseding appeal incorporates by reference the initial appeals decision. A decision granting a request for a superseding appeal vacates the initial appeals decision. This superseding appeals decision will become the final determination of the Board, which is also the final determination of the Tribunal. Judicial review of such determination may be sought pursuant to article 78 of the CPLR. (Added City Record 7/8/2016, eff. 8/7/2016; amended City Record 3/7/2019, eff. 4/6/2019)
