While the Padro class action was settled last year, notices about the settlement were just sent last month to class members whose applications were denied by the Queens Five. In order to take advantage of the settlement, class members must affirmatively request a new hearing before a non-Queens Five Administrative Law Judge (“ALJ”).
The requirement to affirmatively request a hearing was an obvious mistake because why would a claimant chose to let a biased denial stand?
The settlement requires class members to request a hearing in 60 days. Failure to do so will likely result in being denied the right to a hearing before a new ALJ. The deadline mandates that a hearing be requested in 60 days, which means that about half the time to request a new hearing has expired.