Section 628. Consideration of decisions by board
Latest version.
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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.