Appeals - NYC Environmental Control Board

New York City Environmental Control Board

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Appeal a Decision

After your hearing, ECB will mail the decision to you. If you disagree with the decision, you may file an appeal.

How to File an Appeal Online:
ECB offers you the option to submit your appeal online. By using our File Your Appeal Online electronic form, you will submit your appeal to both ECB as well as the agency which issued you the ticket, simultaneously.

How to File an Appeal by Mail:
The video and brochure below tell you the steps you need to follow to file your appeal by regular mail. Your decision and order also has directions on the back. All the necessary forms can be found in the links below.

Click above image to view video.

ECB Appeals Brochure (in PDF)	En Espańol (en PDF)
File Your Appeal Online	En Espańol
File Your Appeal by Regular Mail (in PDF)	En Espańol (en PDF)
Request For Appeal Extensions & Hearing Recordings Online	En Espańol
Request For Appeal Extensions & Hearing Recordings by Regular Mail (in PDF)	En Espańol (en PDF)
Financial Hardship Application Online	En Espańol
Financial Hardship Application by Regular Mail(in PDF)	En Espańol (en PDF)

Answering an Appeal
Once you have served and filed your appeal, the issuing agency has a chance to file a statement stating why the decision of the judge is correct. This is called filing an answer. If the issuing agency answers, you will be sent a copy of anything sent to ECB.

What Happens After You File Your Appeal?
ECB Appeals staff will review your request to make sure that you have completed all the required steps and have presented an issue that ECB can decide. If you have not, we will send you a letter rejecting your appeal.

A request to appeal can be rejected if you fail to do any of the following:

pay the penalty
file the appeal on time
send ECB proof that you sent a copy of the appeal to the agency responsible for the violation
support your appeal by pointing out a factual or legal error in the hearing decision
support your appeal only with arguments and evidence that were used at the hearing
appeal simply because you are dissatisfied with the amount of your penalty or cannot pay

If ECB accepts your appeal, it must give you a final decision within 180 days of the date that you filed your appeal.

ECB Appeals Attorneys review the case and prepare a proposed decision. The hearing record and the proposed decision are then reviewed by a panel of Board Members. These Members issue a recommended decision that is reviewed by the Full Board. The agency that issued the ticket is not involved in the appeal process.

If you win your appeal, ECB will mail you a refund. If the City agency wins, you are in violation of the charge and you will have to pay the fine for your ticket(s).

If you disagree with the Board's decision, you may ask the New York State Supreme Court to review the Board's decision. For more information visit the New York State Court System website at: http://www.courts.state.ny.us/courthelp.