2006 New York Code - Article Seventy-eight Proceeding.

 
    § 81-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 city, 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 city 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 by 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.