2006 New York Code - Judicial Review.



 
    §  207.  Judicial  review.  (A)  Any  person  or  persons  jointly  or
  severally, aggrieved by the condemnor's determination and findings  made
  pursuant  to section two hundred four of this article, may seek judicial
  review thereof by the appellate division of the supreme  court,  in  the
  judicial  department  embracing the county wherein the proposed facility
  is located by the filing of a petition in such court within thirty  days
  after the condemnor's completion of its publication of its determination
  and  findings pursuant to section two hundred four herein. Such petition
  shall be accompanied by proof of service of a demand on the condemnor to
  file with said court a copy of a written transcript of the record of the
  proceeding before it, and a copy of its determination and findings. Upon
  receipt of such petition  and  demand,  the  condemnor  shall  forthwith
  deliver  to  the  court  a  copy  of  the  record  and  a  copy  of  its
  determination and findings. The proceeding shall be heard on the  record
  without requirement of reproduction. If such proposed public improvement
  is  located  in more than one judicial department such proceeding may be
  brought in any one, but only  one  of  such  departments  and  all  such
  proceedings  with  relation  to  any  single  public  project  shall  be
  consolidated with that first filed.
    (B) The judisdiction of the appellate division of  the  supreme  court
  shall  be exclusive and its judgment and order shall be final subject to
  review by the court of appeals in the same manner and form and with  the
  same  effect  as  provided for appeals in a special proceeding. All such
  proceedings shall be heard and determined by the appellate  division  of
  the  supreme  court,  and  by  the court of appeals, as expeditiously as
  possible and with lawful preference over other matters.
    (C)  The  court  shall  either  confirm  or  reject  the   condemnor's
  determination  and  findings.  The  scope  of review shall be limited to
  whether:
    (1) the proceeding was  in  conformity  with  the  federal  and  state
  constitutions,
    (2)  the  proposed  acquisition  is  within  the condemnor's statutory
  jurisdiction or authority,
    (3) the condemnor's determination and findings were made in accordance
  with procedures set forth in this article and with article eight of  the
  environmental conservation law, and
    (4)  a  public  use, benefit or purpose will be served by the proposed
  acquisition.

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