§ 19-0511 — Review by the courts

New York § 19-0511

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 5: Procedure
• Art. 19: Air Pollution Control

Text

§ 19-0511. Review by the courts.\n 1. Any final order or determination or other final action by the\ncommissioner and the validity or reasonableness of any code, rule or\nregulation promulgated by the department pursuant to this article shall\nbe subject to review as provided in article 78 of the Civil Practice Law\nand Rules.\n 2. When a review in accordance with article 78 of the Civil Practice\nLaw and Rules is not maintainable, either because the person aggrieved\nwas not a party to the original proceedings in which the order or\ndetermination or other action which is sought to be reviewed was made or\ntaken, or for any other reason, the order or determination of the\ncommissioner and the validity or reasonableness of any code, rule or\nregulation of the department promulgated pursuant to this article may\nnevertheless be reviewed as hereinafter provided:\n a. Application for relief from any code, rule or regulation of the\ndepartment or from any determination or order or other action which\nshall have been made or taken by the commissioner or by any person\nacting in the name of the department or commissioner shall be made by\nspecial proceeding. The petition shall be verified and shall set forth\nthe code, rule or regulation or the determination or order or other\naction of the department or commissioner or the part thereof which the\npetitioner shall claim to be unreasonable or prejudicial to him and\nshall specify the grounds therefor. Such petition may be accompanied by\naffidavits or other written proof and shall demand the relief to which\nthe petitioner alleges he is entitled, in the alternative or otherwise.\nSuch petition may be made by any one or more persons jointly or\nseverally who shall be aggrieved by any such code, rule or regulation or\nany such determination, order or act whether or not such petitioner is\nor was a party to the proceeding in which such code, rule or regulation\nwas adopted by the department or in which such determination or order or\naction was made or taken by the commissioner.\n b. A proceeding brought under the provisions of this subdivision must\nbe instituted by service of the petition and notices of application for\nrelief within two months after the action of the department or\ncommissioner which is sought to be reviewed shall become final and\nbinding upon the petitioner or the person whom he represents either in\nlaw or in fact; or, with the permission of the supreme court granted\nwithin two years in case the petitioner or the person whom he\nrepresented at the time such action became final and binding upon the\npetitioner or such person was under the age of twenty-one years, or\nmentally ill, or imprisoned on a criminal charge, or had been sentenced\nfor a term of less than life.\n c. In all other respects the procedure prescribed in subdivision 1 of\nthis section shall be applicable to a review provided for in this\nsubdivision.\n