2013 New York Consolidated Laws
VIL - Village
Article 7 - (7-700 - 7-742) BUILDING ZONES
7-740 - Review of decisions of planning board.

 
    §   7-740   Review  of  decisions  of  planning  board.  Any  officer,
  department, board or bureau of the village, with  the  approval  of  the
  board  of  trustees,  or  any  person  or  persons, jointly or severally
  aggrieved by any decision of the planning board concerning such plat  or
  the  changing  of  the  zoning  regulations  of  such  land, may bring a
  proceeding to review in the manner provided by article seventy-eight  of
  the civil practice law and rules in a court of record on the ground that
  such  decision  is illegal, in whole or in part. Such proceeding must be
  commenced within thirty days after the filing of  the  decision  in  the
  office of the village clerk.
    Commencement  of  the  proceeding  shall  stay  proceedings  upon  the
  decision appealed from.
    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 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.
    Costs shall not be allowed against the planning 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.
    All  issues in any proceeding under this section shall have preference
  over all other civil actions and proceedings.