N.Y. Comp. Codes R. & Regs. tit. 12, § 65.51
Failure to appear.
Department of Labor
- (a) Subject to the provisions of subdivisions (c) and (d) of this section, the failure of a party to appear at a hearing is a waiver of all rights except the right to be served with a copy of the decision of the board and to request board review pursuant to section 65.60 of this Part.
- (b) Request for reinstatement must be made, in the absence of extraordinary or unusual circumstances, within five days after the scheduled hearing.
- (c) The board, upon a showing of good cause, may excuse a party’s failure to appear and reopen the hearing.
- (d) The board may require a party to pay reasonable costs incurred by the board caused by a party’s failure to appear as a condition for reopening a hearing.