Appeal a Decision by Mail

The easiest way to appeal a decision is by using OATH's universal online Appeal Application form because it will send the appeal at the same time to both the Appeals Division and the agency that issued you the summons.  If you do not file your appeal online, there will be extra steps you need to take to file your appeal by mail.

If you want to mail in your appeal, you can use the Hearings Division Appeal Application form. The form is available below and at any OATH Hearings Division office.   

In preparing your appeal statement, you can research prior appeal decisions that involve the same or similar laws charged in the summons that was issued to you. 

Deadline: OATH must receive your appeal within 30 days of the date of the decision, or within 35 days of the date of the decision if the decision was mailed to you.  You can find the date of the decision next to the judicial hearing officer’s signature on the last page of the decision.  If you have questions about your deadlines, contact the OATH Help Center at Manhelpcenter@oath.nyc.gov.

Payment: In most cases you are also required to pay the penalty before you appeal.  If you win your appeal, you will be issued a refund.  If you win your appeal, you will be issued a refund.

If paying the penalty before you appeal the hearing decision in your case would create a financial hardship for you while you wait for the appeal decision, you can apply for a waiver of the payment requirement.  You must check the applicable box on the Appeal Application form, explain how paying the penalty would pose a financial hardship, and attach documentation to establish the hardship, such as recent tax returns or proof of receiving government assistance.  Please be sure to redact sensitive information such as social security numbers. For more information about payment and financial hardship waivers, see the instructions on the OATH Appeal Application form below.

Service: Additionally, you must send a copy of your completed Appeal Application form to the agency responsible for the summons. The copy gives the agency a chance to reply. You can find the agency's address on the back of the Appeal Application form, as well as on the back of your hearing decision.

Filing: You must then send the Appeals Division your Appeal Application form.  You must include proof that a copy has been sent to the agency. Do this by checking the box and filling in the certification statement on page two of the Appeal Application Form.

All necessary forms are available below:

File Your Appeal by Mail (Español) (اللغة العربية) (বাংলা) (中文) (Français) (Kreyòl) (한국어) (Polskie) (Русском) (اردو)

Request for Extensions and Hearing Recordings by Mail (Español) (اللغة العربية) (বাংলা) (中文) (Français) (Kreyòl) (한국어) (Polskie) (Русском) (اردو)

File Your Response to an Appeal by Mail (Español) (اللغة العربية) (বাংলা) (中文) (Kreyòl) (한국어) (Polskie) (Русском) (اردو)

Request for an Extension of Time to Respond to an Appeal (Español) (اللغة العربية) (বাংলা) (中文) (Kreyòl) (한국어) (Polskie) (Русском) (اردو)