The commissioner may, in his discretion, and at any stage of the proceedings, dismiss an appeal if it appears to his satisfaction that the appeal is untimely, that the appeal does not set forth a clear and concise statement of the appellant's claim, that the appeal has become academic, or that other legally sufficient grounds exist to dismiss the appeal.
N.Y. Comp. Codes R. & Regs. Tit. 8 § 281.10