This text of New York § 207 (Judicial review) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 207. Judicial review.
(A)Any person or persons jointly or\nseverally, aggrieved by the condemnor's determination and findings made\npursuant to section two hundred four of this article, may seek judicial\nreview thereof by the appellate division of the supreme court, in the\njudicial department embracing the county wherein the proposed facility\nis located by the filing of a petition in such court within thirty days\nafter the condemnor's completion of its publication of its determination\nand findings pursuant to section two hundred four herein. Such petition\nshall be accompanied by proof of service of a demand on the condemnor to\nfile with said court a copy of a written transcript of the record of the\nproceeding before it, and a copy of its determination and findings. Upon\nrecei
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§ 207. Judicial review. (A) Any person or persons jointly or\nseverally, aggrieved by the condemnor's determination and findings made\npursuant to section two hundred four of this article, may seek judicial\nreview thereof by the appellate division of the supreme court, in the\njudicial department embracing the county wherein the proposed facility\nis located by the filing of a petition in such court within thirty days\nafter the condemnor's completion of its publication of its determination\nand findings pursuant to section two hundred four herein. Such petition\nshall be accompanied by proof of service of a demand on the condemnor to\nfile with said court a copy of a written transcript of the record of the\nproceeding before it, and a copy of its determination and findings. Upon\nreceipt of such petition and demand, the condemnor shall forthwith\ndeliver to the court a copy of the record and a copy of its\ndetermination and findings. The proceeding shall be heard on the record\nwithout requirement of reproduction. If such proposed public improvement\nis located in more than one judicial department such proceeding may be\nbrought in any one, but only one of such departments and all such\nproceedings with relation to any single public project shall be\nconsolidated with that first filed.\n (B) The jurisdiction of the appellate division of the supreme court\nshall be exclusive and its judgment and order shall be final subject to\nreview by the court of appeals in the same manner and form and with the\nsame effect as provided for appeals in a special proceeding. All such\nproceedings shall be heard and determined by the appellate division of\nthe supreme court, and by the court of appeals, as expeditiously as\npossible and with lawful preference over other matters.\n (C) The court shall either confirm or reject the condemnor's\ndetermination and findings. The scope of review shall be limited to\nwhether:\n (1) the proceeding was in conformity with the federal and state\nconstitutions,\n (2) the proposed acquisition is within the condemnor's statutory\njurisdiction or authority,\n (3) the condemnor's determination and findings were made in accordance\nwith procedures set forth in this article and with article eight of the\nenvironmental conservation law, and\n (4) a public use, benefit or purpose will be served by the proposed\nacquisition.\n