Section 628. Consideration of decisions by board  


Latest version.
  • 1.  The claimant may,
      within thirty days after receipt of the report of the  decision  of  the
      board  member  to  whom  his  claim was assigned, make an application in
      writing to the chairman of the board for consideration of such  decision
      by the board.
        2.  Any  member of the board may, within fifteen days after the filing
      of such report, make an application in writing to the  chairman  of  the
      board for consideration of such decision by the board.
        3.  Upon  receipt of an application pursuant to subdivision one or two
      of this section, the chairman of the board shall designate three members
      of the board not including the board member who  made  the  decision  to
      review  the record and affirm or modify the decision of the board member
      to whom the claim was assigned. For the purpose of such review the three
      members of the board so  designated  shall  constitute  the  board.  The
      action of the board in affirming or modifying such decision shall be the
      final  decision of the board. The board shall file with the secretary of
      the board a written report setting  forth  its  decision,  and  if  such
      decision  varies  in  any respect from the report of the board member to
      whom the claim was assigned setting forth its reasons for such decision.
      If the chairman  of  the  board  receives  no  application  pursuant  to
      subdivision one or two of this section, the decision of the board member
      to  whom  the  claim was assigned shall become the final decision of the
      board.
        4. The secretary of the board shall promptly notify the  claimant  and
      the comptroller of the final decision of the board and furnish each with
      a  copy  of  the  report  setting forth such decision. At such time, the
      claimant shall also be notified in writing that he or  she  may  seek  a
      review  of  the  board's final determination in a proceeding pursuant to
      article seventy-eight of the civil practice law and rules and  that  the
      claimant may be eligible for reimbursement of attorney fees by the board
      pursuant  to  subdivision  one of section six hundred twenty-six of this
      article.