§ 146 — Judicial review

New York § 146

• Jurisdiction: New York
• Law PBS: Public Service
• Art. 8: Siting of Renewable Energy and Electric Transmission

Text

* § 146. Judicial review. 1. Any party aggrieved by the issuance or\ndenial of a siting permit under this article may seek judicial review of\nsuch decision as provided in this section.\n 2. A judicial proceeding shall be brought in the third department of\nthe appellate division of the supreme court of the state of New York.\nSuch proceeding shall be initiated by the filing of a petition in such\ncourt within ninety days after the issuance of a final decision by ORES\ntogether with proof of service of a demand on ORES to file with said\ncourt a copy of a written transcript of the record of the proceeding and\na copy of ORES's decision and opinion. ORES'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 ORES shall forthwith deliver to the court a copy of the record\nand a copy of ORES's decision and opinion. Thereupon, the court shall\nhave jurisdiction of the proceeding and shall have the power to grant\nsuch relief as it deems just and proper, and to make and enter an order\nenforcing, modifying and enforcing as so modified, remanding for further\nspecific evidence or findings or setting aside in whole or in part such\ndecision. The appeal shall be heard on the record, without requirement\nof reproduction, and upon briefs to the court. The findings of fact on\nwhich such decision is based shall be conclusive if supported by\nsubstantial evidence on the record considered as a whole and matters of\njudicial 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 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 all other matters.\n 3. The grounds for and scope of review of the court shall be limited\nto whether the decision and opinion of ORES are:\n (a) In conformity with the constitution, laws and regulations of the\nstate and the United States;\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 statutory jurisdiction or authority of ORES and the\ndepartment;\n (d) Made in accordance with procedures set forth in this section or\nestablished by rule or regulation pursuant to this article;\n (e) Arbitrary, capricious or an abuse of discretion; or\n (f) Made pursuant to a process that afforded meaningful involvement of\ncitizens affected by the facility or project regardless of age, race,\ncolor, national origin and income.\n 4. Except as herein provided article seventy-eight of the civil\npractice law and rules shall apply to appeals taken hereunder.\n * NB Repealed December 31, 2040\n