N.Y. Comp. Codes R. & Regs. tit. 12, § 72.3
Form and content of petition.
Department of Labor
(a) contain a caption in the following form:
STATE OF NEW YORK
INDUSTRIAL BOARD OF APPEALS
X
:
In the Matter of the Application of :
(insert name of applicant)
For a stay to permit use after issuance of an Applicant, :
“unsafe notice” by the Commissioner of Labor :
declaring unsafe and prohibiting the use of ( identify subject in issue ) :
—against— :
The Commissioner of Labor, :
Respondent. :
X
- (b) state the address of the applicant;
- (c) state the address and location of the machinery, equipment, device or area which is the subject of the notice;
- (d) describe the machinery, equipment, device or area prohibited to be used;
- (e) describe the manner in which the machinery, equipment, device or area is used or operated;
- (f) state whether the persons using the machinery, equipment, device or area have any special training or competence and the extent of their supervision, if any;
- (g) annex a complete copy of the notice sought to be stayed, including copies of any other orders, notices and supporting documents issued in connection therewith;
- (h) state the facts showing why the notice is erroneous or unreasonable and, where possible, submit affidavits or other reliable, relevant evidence to justify a stay;
- (i) set forth the relief requested; and
- (j) be signed and verified by applicant or an authorized representative.
The petition shall: