§ 267-C — Article seventy-eight proceeding

§ 267-c. Article seventy-eight proceeding. 1. Application to supreme\ncourt by aggrieved persons. Any person or persons, jointly or severally\naggrieved by any decision of the board of appeals or any officer,\ndepartment, board or bureau of the town, may apply to the supreme court\nfor review by a proceeding under article seventy-eight of the civil\npractice law and rules. Such proceeding shall be instituted within\nthirty days after the filing of a decision of the board in the office of\nthe town clerk.\n 2. Costs of appeal. Costs shall not be allowed against the board of\nappeals unless it shall appear to the court that it acted with gross\nnegligence or in bad faith or with malice in making the decision\nappealed from.\n 3. Preference of appeal to court. All issues in any proceeding under\nthis section shall have preference over all other civil actions and\nproceedings.\n 4. Power of court. If upon the hearing at the supreme court, it shall\nappear to the court that testimony is necessary for the proper\ndisposition of the matter, it may take evidence or appoint a referee to\ntake such evidence as it may direct and report the same to the court\nwith his or her findings of fact and conclusions of law, which shall\nconstitute a part of the proceedings upon which the determination of the\ncourt shall be made. The court may reverse or affirm, wholly or partly,\nor may modify the decision brought up for review determining all\nquestions which may be presented for determination.\n