You must use the Hearings Division Appeal Application form. The form is available below and at any OATH Hearings Division office.
OATH must receive your appeal within 30 days of the date the decision was handed to you or within 35 days of the mailing date if the decision was mailed to you.
Please note that for decisions issued and appeals served on or after February 1, 2021, the time to file an appeal or response to an appeal is 30 days from the date of the hearing decision or service of the appeal, or 35 days if the hearing decision or appeal was mailed, as provided for in § 6 19 of the Hearings Division Rules of Practice.
For decisions issued and appeals served from Feb 19, 2020, though January 31, 2021, the time to file an appeal or response to an appeal is 60 days from the date of the hearing decision or service of the appeal, or 65 days if the hearing decision or appeal was mailed.
If you have questions about your deadlines, contact the OATH Help Center at Manhelpcenter@oath.nyc.gov.
In most cases you are required to pay the penalty before you appeal. OATH offers waivers of the payment requirement if you can show that it would be a financial hardship for you to pay the penalty while you wait for the appeal decision in your case. For more information about payment and financial hardship waivers, see the instructions on the OATH Appeal Application form below.
Additionally, you must also send a copy of your completed Appeal Application form to the agency responsible for the summons. The copy gives the agency a chance to reply. You can find the agency's address on the back of the Appeal Application form, as well as on the back of your hearing decision.
You must then send the Hearings Division Appeals Unit your Appeal Application form. You must include proof that a copy has been sent to the agency. Do this by checking the box and filling in the certification statement on page two of the Appeal Application Form.
All necessary forms are available below (note: If you received a default judgment, do not use any of these forms. You must file a motion to reopen: