2006 New York Code - Certiorari.

 
    §  25-207  Certiorari.  a. Petition. Any person or persons, jointly or
  severally aggrieved by any decision of the  board  may  present  to  the
  supreme court a petition duly verified, setting forth that such decision
  is  illegal,  in  whole  or  in  part,  specifying  the  grounds  of the
  illegality. Such petition must be presented to a justice of the  supreme
  court or at a special term of the supreme court within thirty days after
  the filing of the decision in the office of the board.
    b.  Order  of  certiorari. Upon the presentation of such petition, the
  justice or court may allow an order of certiorari directed to the  board
  to  review  such  decision  and  shall prescribe therein the time within
  which a return thereto must  be  made  and  served  upon  the  relator's
  attorney,  which  shall not be less than ten days and may be extended by
  the court or a justice thereof. Such order  shall  be  returnable  at  a
  special  term of the supreme court of the judicial district in which the
  property affected, or a portion thereof, is situated. The  allowance  of
  the  order  shall  not stay proceedings upon the decision appealed from,
  but the court may on application, on notice to  the  board  and  on  due
  cause shown, grant a restraining order.
    c.  Return  to  order.  The  board shall not be required to return the
  original papers acted upon by it, but it shall be sufficient  to  return
  certified  or sworn copies thereof or of such portions thereof as may be
  called for by such order. The return must concisely set forth such other
  facts as may be pertinent and  material  to  show  the  grounds  of  the
  decisions appealed from and must be verified.
    d.  Proceedings  upon return. If, upon the hearing, it shall appear to
  the court that testimony is necessary for the proper disposition of  the
  matter,  it may take evidence or appoint a referee to take such evidence
  as it may direct and report the same  to  the  court  with  his  or  her
  findings  of  fact and conclusions of law, which shall constitute a part
  of the proceedings upon which the determination of the  court  shall  be
  made.  The  court may reverse or affirm, wholly or partly, or may modify
  the decision brought up for review.
    e. Costs. Costs shall not be allowed  against  the  board,  unless  it
  shall  appear to the court that it acted with gross negligence or in bad
  faith or with malice in making the decision appealed from.
    f. Preferences. All issues in any proceeding under this section  shall
  have preference over all other civil actions and proceedings.