MATTER OF FRIENDS OF KELLY O'NEILL LEVY v. ENVIRONMENTAL CONTROL BOARD OF THE CITY OF NEW YORK

Nos. 7461, 252342/09, 7461A.

94 A.D.3d 630 (2012)

942 N.Y.S.2d 517

2012 NY Slip Op 3101

In the Matter of FRIENDS OF KELLY O'NEILL LEVY, Petitioner, v. ENVIRONMENTAL CONTROL BOARD OF THE CITY OF NEW YORK, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 24, 2012.


The court properly held that respondent, the Department of Sanitation, timely appealed from the ALJ's decision. Where, as here, an aggrieved party applies for a copy of the audio tape of the hearing, within the allotted time to file exceptions, the time to file exceptions "shall be extended by 20 days from the date when such ... audio tape is delivered or mailed to the party requesting same" (48 RCNY 3-72 [a]). Accordingly, the...

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