When the New York State Workers’ Compensation Board issues a decision directing medical testimony by deposition, a party of interest may request an extension of time to complete the deposition and file the required transcript.  

Any requests for such extension must be filed prior to the date the transcript is due and must be in the form of an affirmation made “under the penalties of perjury under the laws of New York,” per Civil Practice Law and Rules (CPLR) Section 2106(a). Accordingly, any extension request that does not comply with this provision of CPLR Section 2106(a) may be denied.