New York Consolidated Laws

N.Y. Labor Law § 624 (2026)

Appeals to courts

✓ current as of May 2026

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§ 624. Appeals to courts. Within thirty days after the mailing or
personal delivery of notice of a decision by the appeal board, the
commissioner or any other party affected thereby who appeared at the
appeal before the board may appeal questions of law involved in such
decision to the appellate division of the supreme court, third
department. The board may also, in its discretion, certify to such court
questions of law involved in its decisions.  Such appeals and the
questions so certified shall be heard in a summary manner and shall have
precedence over all other civil cases in such court except cases arising
under the workmen's compensation law. The commissioner shall be
represented in court by the attorney-general without additional
compensation. An appeal may be taken from the decision of such court to
the court of appeals in the same manner and subject to the same
limitations, not inconsistent herewith, as is provided for in civil
action. It shall not be necessary to file exception to the rulings of
the appeal board. No bond shall be required to be filed upon an appeal
to the appellate division or to the court of appeals, except as
hereinafter provided. Upon final determination of an appeal, the appeal
board shall enter an order in accordance with such determination.

Notes of Decisions

Cited in 33 cases (5 in the last 5 years), 1976–2025 · leading case: Moore v. Ross, 502 F. Supp. 543 (S.D.N.Y. 1980).

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Moore v. Ross, 502 F. Supp. 543 (S.D.N.Y. 1980). · cites it 2× “N.Y.Labor Law § 624. 2 The two named plaintiffs, Wilbert Moore and Malcolm Turner, are unsuccessful claimants whose applications were initially upheld by the ALJ, and subsequently overturned by the Appeal Board.”

In re the Claim of Perrone, 66 A.D.3d 1091 (N.Y. App. Div. 2009). · cites it 2× “Claimant appeals. Claimant’s appeal was not filed until December 11, 2007, more than 30 days after the Board’s decision was mailed on November 2, 2007.”

In re the Claim of Welsh, 51 A.D.3d 1351 (N.Y. App. Div. 2008). · cites it 2× “Claimant now appeals. Inasmuch as claimant’s notice of appeal from the Board’s May 8, 2007 decision was not filed until July 10, 2007, well after the 30-day time period, it is untimely (see Labor Law § 624; Matter of Fascaldo [Commissioner of Labor], 283 AD2d 827, 828 [2001]).”

In re the Claim of Cuccia, 55 A.D.3d 1115 (N.Y. App. Div. 2008). “Turning first to the timeliness issue, claimant’s appeal from the Board’s November 19, 2007 decision was not filed until January 17, 2008, well outside the 30-day statutory time period for taking such action (see Labor Law § 624; CPLR 5513 [a]; 22 NYCRR 800.”

MacGilfrey v. Pugh, 217 A.D.2d 888 (N.Y. App. Div. 1995). · cites it 2× “The instant proceeding does not seek review of the type of Board decision contemplated by the Legislature in providing the exclusive review procedure in Labor Law §§ 624 and 626. These two sections relate to decisions of the Commissioner of Labor or appeals therefrom (Labor Law…”

Moore v. Ross, 687 F.2d 604 (2d Cir. 1982). · cites it 2× “Second, Judge Carter suggested, the availability of judicial review of the Board’s decisions in the state courts, N.Y. Labor Law § 624 , diminishes the likelihood that erroneous determinations will go unredressed.”

Inst. for Resource Mgmt., Inc. v. Roberts, 122 A.D.2d 465 (N.Y. App. Div. 1986). “Finally, we note that if plaintiff is aggrieved after a determination by the Board, it has the right to appeal directly to this court (Labor Law § 624). Order affirmed, with costs.”

Matter of Clark (Comm'r of Labor), 2017 NY Slip Op 6127 (N.Y. App. Div. 2017). “Accordingly, claimant’s appeal is untimely and must be dismissed (see Labor Law § 624; Matter of Perrone [Commissioner of Labor], 66 AD3d 1091, 1091 [2009]).”

Vartanian v. Rsch. Found. of State Univ., 227 A.D.2d 744 (N.Y. App. Div. 1996). “Since plaintiff has neither exhausted the available administrative remedies (see, Matter of Constantine v White, 166 AD2d 59 ) nor complied with Labor Law § 624 for an appeal, we will not disturb Supreme Court’s order.”

Barcia v. Sitkin, 89 F.R.D. 382 (S.D.N.Y. 1981). “Judgment is reserved on whether the pendent state law claim (2) (that the Appeal Board’s decision against Barcia is unsupported by substantial evidence, N.Y. Labor Law § 624 (McKinney)) is barred by her failure to file this action within one year of the July 13, 1978 Appeal…”

In re the Claim of Andronica, 43 A.D.3d 1222 (N.Y. App. Div. 2007). “Accordingly, claimant’s appeal from the February 2006 decision must be dismissed as untimely (see Labor Law § 624; Matter of Bostic [Commissioner of Labor], 288 AD2d 527, 528 [2001]; Matter of Fascaldo [Commissioner of Labor], 283 AD2d 827, 828 [2001]).”

In re the Claim of Fascaldo, 283 A.D.2d 827 (N.Y. App. Div. 2001). “Labor Law § 624 provides that an appeal from a decision of the Board must be filed within 30 days.”

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