US Laws, Codes, Statutes & Cases

 
    §  8-123  Judicial  review.  a.  Any  complainant, respondent or other
  person aggrieved by a final order of the commission issued  pursuant  to
  section  8-120  or  section  8-126  of  this  chapter or an order of the
  chairperson issued pursuant to subdivision f of section  8-113  of  this
  chapter  affirming  the  dismissal  of  a  complaint may obtain judicial
  review thereof in a proceeding as provided in this section.
    b. Such proceeding shall be brought in the supreme court of the  state
  within  any  county  within  the  city  of New York wherein the unlawful
  discriminatory practice or act of discriminatory harassment or  violence
  as  set  forth  in chapter six of this title which is the subject of the
  commission's order occurs or wherein any person required in the order to
  cease and desist from an unlawful  discriminatory  practice  or  act  of
  discriminatory  harassment  or  violence  or  to  take other affirmative
  action resides or transacts business.
    c. Such proceeding shall be initiated by the filing of a  petition  in
  such  court,  together  with a written transcript of the record upon the
  hearing, before the commission, and the issuance and service of a notice
  of motion returnable before such court. Thereupon the court  shall  have
  jurisdiction  of the proceeding and of the questions determined therein,
  and shall have power to grant such relief as it deems just  and  proper,
  and to make and enter upon the pleadings, testimony, and proceedings set
  forth in such transcript an order annulling, confirming or modifying the
  order  of  the commission in whole or in part. No objection that has not
  been urged before the commission  shall  be  considered  by  the  court,
  unless  the  failure  or neglect to urge such objection shall be excused
  because of extraordinary circumstances.
    d. Any party may move the court to remit the case to the commission in
  the  interests  of  justice  for  the  purpose  of  adducing  additional
  specified  and  material evidence and seeking findings thereon, provided
  such party shows reasonable grounds  for  the  failure  to  adduce  such
  evidence before the commission.
    e.  The findings of the commission as to the facts shall be conclusive
  if supported by substantial evidence  on  the  record  considered  as  a
  whole.
    f. All such proceedings shall be heard and determined by the court and
  by  any  appellate  court  as  expeditiously as possible and with lawful
  precedence over other matters. The jurisdiction  of  the  supreme  court
  shall be exclusive and its judgment and order shall be final, subject to
  review  by  the appellate division of the supreme court and the court of
  appeals in the same manner and form and with the same effect as provided
  for appeals from a judgment in a special proceeding.
    g. The commission's copy of the testimony shall be  available  at  all
  reasonable times to all parties for examination without cost and for the
  purposes  of  judicial review of the order of the commission. The appeal
  shall be heard on the record without requirement of printing.
    h. A proceeding under this section must be  instituted  within  thirty
  days after the service of the order of the commission.