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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.
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: You must submit your online appeal within 30 days of the date of the decision, or 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 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. In order to make this request, you must submit the financial hardship form below at the same time you submit your appeal request. You must 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 forms below.
You can also use the universal online Appeal Application form to file a response to an appeal that was filed by the opposing party or to request an extension of time to appeal or file a response.
The electronic Appeal Application form is available below.
When you have completed the application, click the Submit button at the end of the form to finalize and submit the Appeal Application form to the Appeals Unit.