Appeal a Decision

After your hearing, the OATH Hearings Division will give or mail the decision to you and the enforcement agency. If either side disagrees with the decision, they can file an appeal. The easiest way to appeal is to appeal online. Alternatively, you can file your appeal by mail, in which case you can use the Hearings Division Appeal Application form.  

*Note:* If you received a default judgment, do not use any of these forms. You must file a motion to reopen the defaulted case.

If you are self-represented and you want free non-legal assistance with preparing your appeal or before your submit your appeal, please visit the Help Center section of the website to learn how to contact the Help Center and to find helpful information such as Fact Sheets on how to appeal a case.

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 are self-represented and 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 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.

Service: Your appeal must also be sent to the enforcement agency responsible for the summons.

Your decision has directions on the back.