N.Y. Pub. Health Law § 374

§ 374. Certain cities; appeals from orders of commissioner of health\nor health officers. 1. Any person aggrieved by an order, decision or\ndirection of the commissioner of health or health officer of a city\nhaving a population of less than one hundred seventy-five thousand, may\nappeal therefrom to the official or authority which appoints the head of\nthe department of health of such city, who or which may affirm, reverse\nor modify the order, decision or direction appealed from.\n 2. Such appeal may be made by serving on the said commissioner of\nhealth or health officer a written notice of appeal within two days,\nSundays and legal holidays excepted, or within such further time as\nshall be allowed by the official or authority having power to hear the\nappeal after the appellant received notice of the order, decision or\ndirection appealed from. Within two days after receiving such notice of\nappeal, Sundays and legal holidays excepted, the commissioner of health\nor health officer shall make a written return to the official or\nauthority having power to hear the appeal of the facts and evidence on\nwhich such order, decision or direction is founded. Upon receipt of such\nreturn, or if no return be made within the time specified, the official\nor authority having power to hear the appeal shall forthwith proceed to\nhear and determine the matter. Upon such appeal the official or\nauthority having power to hear it need not be confined to the evidence\ncontained in the return but in his or its discretion may take additional\nevidence.\n 3. Until the decision of the appeal is made the order, decision or\ndirection appealed from shall not be suspended unless the official or\nauthority having power to hear the appeal by an order in writing shall\nso direct, which order shall be filed forthwith in the office of the\ncommissioner of health or health officer of the city.\n 4. In case of failure to sustain the appeal the official or authority\nhaving power to hear the appeal may in his or its discretion impose\ncosts not exceeding ten dollars upon the appellant.\n