2006 New York Code - Appeals To Appeal Board.

 
    §  621.  Appeals  to  appeal  board.  1. Disputed claims for benefits.
  Within twenty days after the mailing or personal delivery of  notice  of
  the  decision of a referee on contested benefit claims, the claimant and
  the employer, provided he appeared at the hearing,  may  appeal  to  the
  appeal  board by filing a notice of appeal in the local state employment
  office  in  accordance  with  such  rules  as  the  appeal  board  shall
  prescribe.  Within  the  same period of time and in the same manner, the
  commissioner may also appeal to the appeal board, regardless of  whether
  or not he appeared or was represented at the hearing before the referee.
    2.  Contested  determinations,  rules,  or  orders. Within twenty days
  after the mailing or personal delivery of notice of the decision after a
  hearing  on  contested  determinations,   rules   or   orders   by   the
  commissioner,  the  employer  may  take  an  appeal to the appeal board,
  provided he appeared at the hearing, by filing a notice of  appeal  with
  the  commissioner,  and the commissioner may likewise within such period
  take an appeal to the board by giving  written  notice  thereof  to  the
  employer,  regardless of whether or not the commissioner appeared or was
  represented at the hearing before the referee.
    3. Conduct of appeals. The appeal board may decide any  case  appealed
  to it under any provision of this article on the basis of the record and
  of  evidence  previously  submitted  in  such  case,  or  it  may in its
  discretion hear argument or hold a further hearing, or remand such  case
  to a referee for such purposes as it may direct. If a further hearing is
  to  be  held  or  argument  had, the board shall fix a time therefor and
  shall notify the commissioner, regardless  of  whether  or  not  he  had
  appeared  or been represented at the hearing before the referee, and any
  other party affected, provided such other party appeared at the  hearing
  before  the referee. The board may affirm or reverse, wholly or in part,
  or may modify the decision appealed from and shall render  its  decision
  promptly  and  shall thereupon send written notice thereof together with
  the reasons therefor to the commissioner and any  other  party  affected
  thereby who appeared at the hearing before the referee.