§ 3-16 Judicial Review When Board Decision is Delayed.
RCNY § 3-16
(a)If the Board has not issued an appeals decision within 180 days from the filing of the appeal, or if the Board has not issued a superseding appeals decision within 180 days from the request for superseding appeal, the Respondent may at any time file a petition seeking judicial review of the Hearing Officer's recommended decision pursuant to article 78 of the New York Civil Practice Law and Rules (CPLR). Such Respondent may rely on the recommended decision of the Hearing Officer as the final determination of the Board, provided that the following three conditions are met: (1) at least forty-five days before the filing of such petition, the Respondent files with the Board written notice of the Respondent's intention to file the Article 78 petition; (2) the Respondent serves and files the article 78 petition on the Board pursuant to the CPLR; and (3) the Board has not issued an appeals decision or, if applicable, a superseding appeals decision at the time of filing the petition.
(b)The Board may issue a final determination after a Respondent files with the Board written notice of intention to file a petition for judicial review under Subdivision (a) and before the Respondent has filed the petition. (Added City Record 7/8/2016, eff. 8/7/2016; amended City Record 3/7/2019, eff. 4/6/2019)
