§ 128 — Judicial review

New York § 128

• Jurisdiction: New York
• Law PBS: Public Service
• Art. 7: Siting of Major Utility Transmission Facilities

Text

§ 128. Judicial review. 1. Any party aggrieved by any order issued on\nan application for a certificate may apply for a rehearing under section\ntwenty-two within thirty days after issuance of the order and thereafter\nobtain judicial review of such order in a proceeding as provided in this\nsection. Such proceeding shall be brought in the appellate division of\nthe supreme court of the state in the judicial department embracing the\ncounty wherein the proposed facility is located. If such facility is\nlocated in more than one judicial department, such proceeding may be\nbrought in any one but only one of such departments. Such proceeding\nshall be initiated by the filing of a petition in such court within\nthirty days after the issuance of a final order by the commission upon\nthe application for rehearing, together with proof of service of a\ndemand on the commission to file with said court a copy of a written\ntranscript of the record of the proceeding before it and a copy of its\norder and opinion, if any. The commission's copy of said transcript,\norder and opinion, if any, shall be available at all reasonable times to\nall parties for examination without cost. Upon receipt of such petition\nand demand, the commission shall forthwith deliver to the court a copy\nof the record and a copy of its order and opinion, if any. Thereupon the\ncourt shall have jurisdiction of the proceeding and shall have power to\ngrant such relief as it deems just and proper, and to make and enter an\norder enforcing, modifying, and enforcing as so modified, remanding for\nfurther specific evidence or findings or setting aside in whole or in\npart such order. The appeal shall be heard on the record without\nrequirement of reproduction. No objection that has not been urged by the\nparty in his application for rehearing before the commission shall be\nconsidered by the court, unless the failure or neglect to urge such\nobjection shall be excused because of extraordinary circumstances. The\nfindings of fact on which such order is based shall be conclusive if\nsupported by substantial evidence on the record considered as a whole or\nby information 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 provided\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 other matters.\n 2. The grounds for and the scope of review of the court shall be\nlimited to whether the order of the commission and opinion, if any, is\n (a) in conformity with the constitution and the laws of the state and\nthe United States.\n (b) supported by substantial evidence in the record or by information\nproperly considered in the opinion.\n (c) within the commission's statutory jurisdiction or authority.\n (d) made in accordance with procedures set forth in this article or\nestablished by rule or regulation of the commission.\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