New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter X - DIVISION OF WATER RESOURCES
Appendices
Appendix 7
I. MODEL FORMS FOR USE WITH RULES OF PROCEDURE
Form 1: Notice of Appeal--Sections 647.3, 647.12
Form 2: Answer and Appearance--Sections 647.3, 647.12
Form 3: Application For A Stay--Sections 647.9, 647.3, 647.12
Form 4: Motion to Intervene--Sections 647.6, 647.3, 647.12
Form 5: Affidavit of Service--Section 647.12
Form 6: Letter of Limited Appearance--Section 647.7
II. SCHEDULE OF TIME DEADLINES IN RULES OF PROCEDURE
1. Decision, Determination or Order of Commission, Agency or APA is made.
2. Within 30 days of date in § 1, File Note of Appeal [Form 1].
3. Within seven days of Notice of Appeal, file Answer and Appearance [Form 2] and transmit original record to board (§ 647.4[a] ).
4. Upon receipt of record, board's docket clerk specifies briefing schedule according to rules (§ 647.4[c] ).
5. Fifteen days after record is received, appellant serves and files brief (§ 647.5[a] ), and request oral argument (§ 647.8 ).
6. Fifteen days after service and filing of appellant's brief, respondent files its brief (§ 647.5[b] ).
7. Five days after service and filing of respondent's brief, appellant may file a reply letter of two pages (§ 647.5[d] ).
8. Letters of limited appearance [Form 6] must be filed no later than the date set for filing respondent's brief, or oral argument, whichever is later (§ 647.7 ).
9. Motions to Intervene [Form 4] must be filed within 40 days of Notice of Appeal [Form 1], which falls approximately at this point in time (§ 647.6 ). Within 10 days after leave to intervene is granted, the intervenor's brief is due; reply letters of other parties are due five days thereafter (§ 647.6 ).
10. If oral argument is allowed, it is scheduled thereafter in Albany, during the first full week of the next succeeding month, or elsewhere on such date as the board may fix (§ 647.8[c] ).
11. Ten days after the board's decision, a petition for rehearing may be filed (§ 647.17 ).
12. Applications for stays [Form 3] may be made at any time (§ 647.9 ).
13. Affidavits of service [Form 5] shall accompany every paper filed (§ 647.12 ).
14. Service by mail adds three days extra to any of these time periods (§ 647.13 ).
FRESHWATER WETLANDS APPEALS BOARD
Model Form 1: Notice of Appeal
(Instructions in brackets should be deleted from this form when completed)
............
FRESHWATER WETLANDS APPEALS BOARD
OF THE STATE OF NEW YORK
________ x
________[insert name of :
person(s) taking appeal] , Notice Of
: Appeal
Appellant(s),
-v- :
________[insert name and 19 ________-________
title of official who made : [Insert Docket Number]
decision being appealed],
:
Respondent(s).
:
________ x
COPY TO: ________
[Insert name and title and address of official who made decision being appealed]
________
________
PLEASE TAKE NOTICE that ________ [Insert name of person(s) taking appeal], Appellant(s), hereby appeal from so much of the decision, determination or order made by ________ [Insert title of official who made decision being appealed] on ________, 19 ________, [Insert the date of the decision, determination or order] pursuant to ________ [Insert the section of The Freshwater Wetlands Act or of the local ordinance under which the decision was made], with respect to freshwater wetlands or other property situated in ________ County(ies), as is specified herein:
1.
2. [Insert, separately state and number each concise exception being appealed]
3.
etc.
The wetlands or other property are 12.4 acres in size [or substitute for acreage "are of unusual local importance"] and include lands, vegetation and waters as set forth in § 24-0107(1) ________ [insert relevant subparagraphs to the extent possible] and appear on the map of ________ [Insert reference and coordinates to either the Freshwater Wetlands Map, or if no such map exists the U.S.G.S. map and coordinates], are within the jurisdiction of The Freshwater Wetlands Appeals Board.
Pursuant to the Rules of Procedure of The Freshwater Wetlands Appeals Board, you are directed to file an answer and notice of appearance within seven days. Please note of the undersigned person representing the Appellant(s), and serve all papers in this appeal on the undersigned.
Dated:________[Insert Town and County of person(s) taking appeal]
________[Insert date filed with or mailed to the Docket Clerk of the Board]
Respectfully Submitted,
________
[Insert name and mailing address and telephone number of person(s) taking appeal of the representative or attorney of such person(s)]
________
________
ORIGINAL FILED WITH
Docket Clerk
Freshwater Wetlands Appeals Board
625 Broadway,
Albany, New York 12233
(518 -________)
FRESHWATER WETLANDS APPEALS BOARD
Model Form 2: Answer and Appearance
(Instructions in brackets should be deleted from this form when completed)
............
FRESHWATER WETLANDS APPEALS BOARD
OF THE STATE OF NEW YORK
________ x
________[Insert as on : Answer And Appearance Notice of Appeal],
:
Appellant(s), 19 ________-________
:
________[Insert as [Insert Docket Number]
on Notice of Appeal] :
Respondent(s). :
________x
COPY TO: ________
[Insert name and address of Appellant(s) as stated on Notice of Appeal]
________
________
PLEASE TAKE NOTICE that ________ [Insert proper and correct name and title of official(s) who made the decision being appealed], Respondent(s), hereby appear, represented by the undersigned person, and answer the exceptions specified in the Notice of Appeal dated ________ [Insert date stated on Notice of Appeal] as follows:
[Either Insert as Follows]
1. The decision, determination or order on appeal here is lawful and proper, and a true copy is attached to this Answer. [Staple a copy to this form.]
[or]
1.
2. [Or insert concise answers to each exception listed by Appellant(s) on the Notice of Appeal].
3.
etc.
Please serve all papers in this appeal on the undersigned.
Dated:________[Insert town and County of Respondent]
________[Insert date filed with or mailed to the
Docket Clerk of the Board]
Respectfully Submitted,
________
[Insert name and mailing address and telephone number of person(s) responding or of the representative or attorney of such person(s)]
________
________
ORIGINAL FILED WITH:
Docket Clerk
Freshwater Wetlands Appeals Board
625 Broadway
Albany, New York 12233
(518)-________
FRESHWATER WETLANDS APPEALS BOARD
Model Form 3: Motion For A Stay
(Instructions in brackets should be deleted from this form when completed)
________
FRESHWATER WETLANDS APPEALS BOARD
OF THE STATE OF NEW YORK
________x
________[insert name of person(s) taking appeal], Notice And
Application
Appellant(s), For A Stay
-against-
________[insert name and title of official who made decision being appealed],
Respondent(s).
________x
COPY TO:
________
[Insert name and title and address of official who made decision being appealed]
________
________
PLEASE TAKE NOTICE that ________ [Insert name of person(s) taking appeal], Appellant(s), will appear before the Freshwater Wetlands Appeals Board at a Session of the Board convened at 10:00 in the morning or as soon thereafter as Appellant(s) can be heard, on ________, 19 ________ [Insert date supplied on request by Board's Docket Clerk], at 625 Broadway, Albany, New York, and apply for an Order of the Board staying the effectiveness of the decision, determination or order specified in the annexed Notice of Appeal [Staple a copy of the fully completed form 1, Notice of Appeal, to this form], on the grounds that ________ [Insert reasons why a stay is needed]. You are invited to appear and be heard in opposition to this application for a stay.
PLEASE TAKE FURTHER NOTICE that, pursuant to the Rules of Procedure of the Freshwater Wetlands Appeals Board, Rule 9(c), until the above-stated application is heard and ruled upon, any and all activities whatsoever which now affect or will affect or alter the wetlands described in the Notice of Appeal in this matter are immediately and temporarily stayed.
Dated:________[Insert Town and
County of person(s) taking appeal]
________[Insert date filed or mailed to the Docket Clerk of The Board, or sub- mitted to the Chair- man or member thereof]
Respectfully submitted,
________
[Insert name and mailing address and telephone number of person(s) taking appeal or of the representa-tive or attorney of such person(s)]
________
________
ORIGINAL FILED WITH:
Docket Clerk
Freshwater Wetlands Appeals Board
625 Broadway
Albany, New York 12233
(518) - ________
FRESHWATER WETLANDS APPEALS BOARD
Model Form 4: Motion To Intervene
(Instructions in brackets should be deleted from this form when completed)
............
FRESHWATER WETLANDS APPEALS BOARD
OF THE STATE OF NEW YORK
________ x
________[insert name of : person(s) taking appeal], Motion To
: Intervene
Appellant(s),
: 19________ -________
-against-
: [Insert Docket Number]
________[Insert name and title of official who made :
decision being appealed],
:
Respondent(s).
________x
COPIES TO:
________[Insert names and addresses
________of parties or their repre-sentatives as
________ answer]
________
PLEASE TAKE NOTICE that ________ [Insert name of person(s) seeking to intervene], Intervenor(s), hereby applies to intervene as a party on the side of ________ [Insert either Appellant or Respondent, as may be desired], for the reasons set forth in the attached affidavit [attach an affidavit describing the proposed intervenor(s) and why intervention should be allowed]. You are invited to serve and file any papers in support of or in opposition to this motion within seven days.
PLEASE TAKE FURTHER NOTICE that
[Either Insert:] a copy of the brief of the proposed Intervenor(s) is attached hereto.
[Or Insert:] a copy of the brief of this proposed intervenor can be filed at the same time as________[insert Appellant(s) or Respondent(s), whichever side intervenor supports] files its [their] brief.
[Or Insert:] the proposed Intervenor(s) can file its [their] brief by ________ [insert soonest possible date] and the Board is hereby petitioned to extend the period of time within which such brief can be served and filed up to and including such date.
Dated:________[Insert town and county of person(s) seeking to intervene]
________[Insert date filed with or mailed to the Docket Clerk of the Board]
Respectfully submitted,
________
[Insert name, mailing address and telephone number of proposed intervenor or of the representative or attorney of such person]
ORIGINAL FILED WITH:
Docket Clerk
Freshwater Wetlands Appeals Board
625 Broadway
Albany, New York 12233
(518) - ________
FRESHWATER WETLANDS APPEALS BOARD
Model Form 5: Affidavit of Service
(Instructions in brackets should be deleted from this form when completed)
............
FRESHWATER WETLANDS APPEALS BOARD
OF THE STATE OF NEW YORK
________ x
________[Insert name of : person(s) taking appeal], Affidavit of
: Service
Appellant(s),
:
-v- 19________ -________
________[Insert name and : [Insert Docket Number]
title of official who made decision being appealed], :
Respondent(s). :
________ x
STATE OF NEW YORK )
: ss.:
COUNTY OF ________ )
[Insert name of County where notarized]
________, [Insert name of person who mailed paper], being duly sworn, deposes and says that deponent is over 18 years of age and resides at ________ [Insert address of person who mailed paper], and on ________, 19 ________, [Insert date of mailing] deponent served a copy of ________ [Insert name(s) of paper(s) mailed] on ________[Insert names and addresses of persons to whom paper(s) were sent] by depositing a true copy of the same, enclosed in a postage-paid properly addressed envelope or wrapper, in a postal box or other official mail depository under the exclusive care and custody of the United States Postal Service.
________
[signature of person who mailed paper]
JURAT: [leave blank and have a notary public complete]
Sworn to before me this
________day of ________, 19 ________.
____________
Notary Public
FRESHWATER WETLANDS APPEALS BOARD
Model Form 6: Letter of Limited Appearance
(Instructions in brackets should be deleted from this form when completed)
________
TO: FRESHWATER WETLANDS APPEALS BOARD
OF THE STATE OF NEW YORK
625 Broadway
Albany, New York 12233
Regarding:________
[Insert name of person taking appeal]
Pursuant to Rule 7 of the Rules of Procedure of the Freshwater Wetlands Appeals Board, the undersigned submits the following letter to the Board and asks that it be considered in connection with the appeal taken by the person named above.
1. [Insert name of writer of letter and why the writer is interested].
2. [State whatever information, case, or other authority the writer wishes to bring the Board's attention].
A copy of this letter has been sent to the parties at the addresses set forth below.
Respectfully submitted
___________
[Sign]
________
[Insert name and mailing address of person writing letter]
Copies were sent to:
[Insert names and addresses of the parties or their representa-tives, as copied from the notice of appearance or supplied by telephone or in person from the Board's Docket Clerk,
(518) - ________]
