Appealing a Hearing Decision
If, at a hearing, the Administrative Law Judge upholds the violation and finds that you are guilty, and you believe that a judicial error was made, you have the right to appeal this hearing decision.
To request an appeal, file an Application for Appeal within 30 days of the Administrative Law Judge's hearing decision. On this form, specify whether you want an In-Person Appeal or an Appeal by Mail. You will be notified of the date and time of your appeal appointment within 30 days. All In-Person appeals take place at 66 John Street, 3rd Floor, in Lower Manhattan. If you are unable to attend your scheduled in-person appeal hearing you must call 212-361-5990 in advance in order to reschedule.
Appeals are scheduled for review only if:
- The Appeals Board receives your completed Application
for an Appeal form within 30 days of the original hearing decision;
- You appear for your scheduled hearing appointment, or,
if you cannot make the appointment, you have requested a hearing by mail at
least 3 days prior to the hearing date; and
- You have paid the amount assessed at the original hearing. You may enclose payment with the Application for Appeal.
If you are financially unable to pay the fine prior to the Appeal Hearing, you may apply for a waiver by submitting an Application to Proceed as an Indigent Person, which will be considered by the Appeals Panel at the time of the Appeal Hearing.
Application for Appeal
Download Application (33k)
Application to Proceed as an Indigent Person
Download Application (24k)
The Appeals Determination
When the Appeals Board hears an appeal, they can make one of several determinations:
- Affirm (i.e. uphold) the original hearing decision
- Modify the original hearing decision
- Reverse the hearing decision
- Return the case for a completely new hearing, or
- Decide that there was no issue on which to base your appeal.
The Appeals Board determination will be mailed to you. It will not be given to you after an in-person appeal hearing. If the appeal results in a reduction of the fine or a dismissal of the violation, Finance will automatically mail a refund of the amount paid within 30 days to the individual who requests the appeal.
