§ 18-113 — Judicial review

§ 18-113. Judicial review. 1. A judicial proceeding to review a final\ndecision of the board shall be brought in the appellate division of the\nsupreme court in the judicial department embracing the county wherein\nthe facility is proposed to be located. Such proceeding shall be\ninitiated by the filing of a petition in such court within thirty days\nafter the issuance of a final decision by the board together with proof\nof service of a demand on the board to file with said court a copy of a\nwritten transcript of the record of the proceeding and a copy of the\nboard's decision and opinion. The board's copy of said transcript,\ndecision and opinion, shall be available at all reasonable times to all\nparties for examination without cost. Upon receipt of such petition and\ndemand the board shall forthwith deliver to the court a copy of the\nrecord and a copy of the board's decision and opinion. Thereupon, the\ncourt shall have jurisdiction of the proceeding and shall have the power\nto grant such relief as it deems just and proper, and to make and enter\nan order enforcing, modifying and enforcing as so modified, remanding\nfor further specific evidence or findings or setting aside in whole or\nin part such decision. The appeal shall be heard on the record, without\nrequirement of reproduction, and upon briefs to the court. The findings\nof fact on which such decision is based shall be conclusive if supported\nby substantial evidence on the record considered as a whole and matters\nof judicial notice set forth in the opinion. The jurisdiction of the\nappellate division of the supreme court shall be exclusive and its\njudgment and order shall be final, subject to review by the court of\nappeals in the same manner and form and with the same effect as provides\nfor appeals in a special proceeding. All such proceedings shall be heard\nand determined by the appellate division of the supreme court and by the\ncourt of appeals as expeditiously as possible and with lawful precedence\nover all other matters.\n 2. The grounds for and scope of review of the court shall be limited\nto whether the decision and opinion of the board are:\n (a) in conformity with the constitution of the state and the United\nStates; and\n (b) supported by substantial evidence in the record and matters of\njudicial notice properly considered and applied in the opinion;\n (c) within the board's statutory jurisdiction or authority;\n (d) made in accordance with procedures set forth in this article or\nestablished by rule or regulation pursuant to this article;\n (e) arbitrary, capricious or an abuse of discretion.\n 3. Except as herein provided article seventy-eight of the civil\npractice law and rules shall apply to appeals taken hereunder.\n