New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter I - Industrial Board Of Appeals
Subchapter B - Rules Of Procedure And Practice
Part 65 - Procedure And Practice
Subpart C - Documents, pleadings, and motions
Section 65.22 - Response to petition

Universal Citation: 12 NY Comp Codes Rules and Regs ยง 65.22

Current through Register Vol. 46, No. 12, March 20, 2024

(a) The Commissioner must file an answer or a motion to the petition with the Board, with proof of service, within 30 days of service of the petition by the Board.

(b) The answer shall be so drawn as to advise the petitioner and the Board of the nature of the defense, in reasonable detail. It shall contain a specific admission, denial, or explanation of each of the material facts alleged in the petition. Such a denial may be upon information and belief or a denial of knowledge or information sufficient to form a belief as to the truth of the allegation. The answer must also contain a statement of any facts upon which the Commissioner relies for an affirmative defense.

(c)

(1) The Commissioner shall serve one copy of the answer upon each petitioner or attorney of record and shall file the original with the Board, with proof of such service.

(2) If a representative of petitioner's employee is named in the Petition, the Commissioner shall also serve, by mail, one copy upon such representative and shall file with the Board proof of such service.

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