N.Y. Comp. Codes R. & Regs. tit. 9 § 8006.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 8006.2 - Taking of the appeal

(a) The appeal shall be perfected within four months of the date of filing of the notice of appeal, unless an extension is granted by the appeals unit for good cause shown. A request for an extension must be in writing, to the appeals unit, and must be received prior to the final date assigned for the perfection of the appeal.

(b) An appeal is perfected by the filing with the appeals unit of an original and two copies of a brief, letter or other written document that shall state the rulings challenged and shall explain the basis for the appeal.

(c) Each appeal will be reviewed and decided on the basis of the written record. A personal appearance and/or oral argument is expressly prohibited.

(d) Upon the taking of an appeal, an incarcerated person/violator may be represented by counsel. Counsel for an appellant shall file a notice of appearance with the appeals unit, and such notice shall identify the appellant by name and State identification number. Only one appellant shall be named on any notice of appearance.

(e) Once counsel has entered an appearance on behalf of an incarcerated person/violator, the appeals unit will not entertain correspondence from the incarcerated person/violator concerning any aspect of the appeal, unless and until notice is received that counsel has been relieved of the assignment.

(f) If, after the expiration of four months or any period of extension that may have been granted, the appeal is not perfected, it will automatically be dismissed with prejudice.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8006.2

Amended New York State Register May 3, 2023/Volume XLV, Issue 18, eff. 5/3/2023