N.Y. Defense Emergency Act 1951 Law § 75

Current through 2024 NY Law Chapter 553
Section 75 - Appeals

Any person in interest who is aggrieved by any determination of the industrial commissioner with respect to an application for or grant, denial or revocation of a dispensation under this article may appeal to the New York state board of standards and appeals. Such an appeal may be taken within twenty days after the date notice of such determination is given to the applicant by such commissioner. The applicant for the dispensation shall have the burden of proving that the granting or continuance of a dispensation is warranted in his particular case. The board is hereby authorized to affirm, reverse or modify any determination of the industrial commissioner under this article. The board shall order a hearing if it deems a hearing necessary in order to enable it to decide the issues raised. In a case where a hearing is not so ordered, the board may decide the appeal upon written submissions. The determinations of the board upon questions of fact shall be conclusive. Within twenty days after notice of the determination of the board is given to the applicant, an appeal may be taken upon questions of law to the appellate division of the supreme court, third department. The filing of a petition of appeal with the board of standards and appeals in accordance with that board's rules of procedure, or the filing of a notice of appeal with such court, shall not stay the determination of the industrial commissioner under this article.

N.Y. Defense Emergency Act 1951 Law § 75