2006 New York Code - Court Review.



 
    §  282.  Court  review.  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, or any officer,
  department, board or bureau of the town, may have the decision  reviewed
  by a special term of the supreme court in the manner provided by article
  seventy-eight   of  the  civil  practice  law  and  rules  provided  the
  proceeding is commenced within thirty  days  after  the  filing  of  the
  decision in the office of the town 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.

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