2013 New York Consolidated Laws
VIL - Village
Article 7 - (7-700 - 7-742) BUILDING ZONES
7-712-C - Article seventy-eight proceeding.

 
    §  7-712-c Article seventy-eight proceeding. 1. Application to supreme
  court by aggrieved persons. Any person or persons, jointly or  severally
  aggrieved  by  any  decision  of  the  board  of appeals or any officer,
  department, board or bureau of the village, may  apply  to  the  supreme
  court  for  review  by  a  proceeding under article seventy-eight of the
  civil practice law and rules. Such proceeding shall be instituted within
  thirty days after the filing of a decision of the board in the office of
  the village clerk.
    2. Costs of appeal. Costs shall not be allowed against  the  board  of
  appeals  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.
    3.  Preference  of appeal to court. All issues in any proceeding under
  this section shall have preference over  all  other  civil  actions  and
  proceedings.
    4.  Power of court. If upon the hearing at the supreme court, 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 determining all
  questions which may be presented for determination.