§ 213 — Judicial review and enforcement

New York § 213

• Jurisdiction: New York
• Law CVS: Civil Service
• Art. 14: Public Employees' Fair Employment Act

Text

§ 213. Judicial review and enforcement. (a) Final orders of the board\nmade pursuant to this article shall be conclusive against all parties to\nits proceedings and persons who have had an opportunity to be parties to\nits proceedings unless reversed or modified in proceedings for\nenforcement or judicial review as hereinafter provided. Final orders\nshall be (i) reviewable under article seventy-eight of the civil\npractice law and rules upon petition filed by an aggrieved party within\nthirty days after service by registered or certified mail of a copy of\nsuch order upon such party, and (ii) enforceable in a special\nproceeding, upon petition of such board, by the supreme court, provided,\nhowever, that an order of the board which determines whether an employer\nor employee is subject to this article may be deemed final when made.\n (b) Orders of the board or its agents made pursuant to subdivisions\none and two of section two hundred seven of this chapter shall be\nreviewable only in a proceeding brought under article seventy-eight of\nthe civil practice law and rules to review an order of the board made\npursuant to subdivision three of section two hundred seven of this\nchapter.\n (c) If a proceeding by the board for enforcement of its order is\ninstituted prior to the expiration of the period within which a party\nmay seek judicial review of such order, the respondent may raise in his\nanswer the questions authorized to be raised by section seven thousand\neight hundred three of the civil practice law and rules and thereafter\nthe proceedings shall be governed by the provisions of article\nseventy-eight of the civil practice law and rules that are not\ninconsistent herewith, except that if an issue specified in question\nfour of section seven thousand eight hundred three of the civil practice\nlaw and rules is raised, the proceeding shall be transferred for\ndisposition to the appellate division of the supreme court. Where an\nissue specified in question four of section seven thousand eight hundred\nthree of the civil practice law and rules is raised, either in a\nproceeding to enforce or review an order of the board, the appellate\ndivision of the supreme court, upon completion of proceedings before it,\nshall remit a copy of its judgment or order to the court in which the\nproceeding was commenced, which court shall have the power to compel\ncompliance with such judgment or order.\n (d) In a proceeding to enforce or review an order of the board, the\ncourt shall have power to grant such temporary relief or restraining\norder as it deems just and proper, and to make and enter a judgment or\ndecree enforcing, modifying and enforcing as so modified, or setting\naside in whole or in part the order of the board.\n (e) The failure to perform the duties required by subdivisions two and\nthree of section two hundred ten of this chapter and by section two\nhundred eleven of this chapter shall be reviewable in a proceeding under\narticle seventy-eight of the civil practice law and rules by any\ntaxpayer, as defined in section one hundred two of this chapter. Any\nsuch taxpayer shall also have standing to institute any action described\nin subdivisions one and two of section one hundred two of this chapter.\n