6 CRR-NY App. 7NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
6 CRR-NY App. 7
6 CRR-NY App. 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:
(1) Appellant(s):
 
______
[ Insert names
 
and addresses
 
 
______
of parties or
 
their repre-
 
sentatives as
 
(2) Respondent(s):
 
stated on notice
 
of appeal and
 
 
______
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) - _____]
6 CRR-NY App. 7
Current through October 15, 2019
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