2013 New York Consolidated Laws
LAB - Labor
Article 20 - (700 - 718) NEW YORK STATE LABOR RELATIONS ACT
707 - Judicial review.

 
    §  707. Judicial review. 1. The board shall have power to petition the
  supreme court of the state within the county wherein  the  unfair  labor
  practice  in  question  occurred  or wherein any person charged with the
  unfair labor practice resides or transacts business, or if such court be
  on vacation or in recess, then  to  the  supreme  court  of  any  county
  adjoining  the  county  wherein  the  unfair  labor practice in question
  occurred or wherein any person charged with the  unfair  labor  practice
  resides or transacts business, for the enforcement of such order and for
  appropriate temporary relief or restraining order, and shall certify and
  file  in  the court a transcript of the entire record in the proceeding,
  including the pleadings and testimony upon which such order was made and
  the findings and order of the board. Upon such filing, the  court  shall
  cause  notice thereof to be served upon such person, and thereupon shall
  have jurisdiction of the  proceeding  and  of  the  question  determined
  therein,  and  shall  have  power  to  grant  such  temporary  relief or
  restraining order as it deems just and proper, and  to  make  and  enter
  upon  the  pleadings,  testimony,  and  proceedings  set  forth  in such
  transcript a decree enforcing, modifying, and enforcing as so  modified,
  or setting aside in whole or in part the order of the board.
    2.  No objection that has not been urged before the board, its member,
  agent or agency, shall be considered by the court, unless the failure or
  neglect to urge such objection shall be excused because of extraordinary
  circumstances. The findings of the board as to the facts,  if  supported
  by  evidence,  shall  be  conclusive. If either party shall apply to the
  court for leave to adduce additional evidence  and  shall  show  to  the
  satisfaction  of the court that such additional evidence is material and
  that there were reasonable  grounds  for  the  failure  to  adduce  such
  evidence  in the hearing before the board, its member, agent, or agency,
  the court may order such additional evidence  to  be  taken  before  the
  board,  its  member,  agent,  or  agency,  and  to be made a part of the
  transcript. The board may modify its finding as to the  facts,  or  make
  new  findings,  by reason of additional evidence so taken and filed, and
  it shall file such modified or new  findings,  which,  if  supported  by
  evidence,  shall  be  conclusive, and shall file its recommendations, if
  any, for the modification or setting aside of its original order.
    3. The jurisdiction of the supreme court shall be  exclusive  and  its
  judgment and decree shall be final, except that appeals shall lie to the
  appellate  division  of  said  court and to the court of appeals, in the
  manner and subject to the limitations provided in the civil practice law
  and rules irrespective of the nature of the decree or  judgment  or  the
  amount involved.
    4.  Any  person  aggrieved  by  a final order of the board granting or
  denying in whole or in part the relief sought may  obtain  a  review  of
  such  order  in  the  supreme court of the county where the unfair labor
  practice in question was alleged to have been engaged in or wherein such
  person resides or transacts business by filing in such court  a  written
  petition  praying  that the order of the board be modified or set aside,
  or if such court be on vacation or in recess, then to the supreme  court
  of  any county adjoining the county wherein the unfair labor practice in
  question occurred or  wherein  any  such  person  resides  or  transacts
  business.  A  copy  of  such petition shall be forthwith served upon the
  board, and thereupon the aggrieved party  shall  file  in  the  court  a
  transcript  of  the  entire  record  in the proceeding, certified by the
  board, including the pleading and testimony and order of the board. Upon
  such filing, the court shall proceed in the same manner as in  the  case
  of  an  application  by the board under subdivision one of this section,
  and shall have the same exclusive jurisdiction to  grant  to  the  board
  such  temporary relief or restraining order as it deems just and proper,

  and in like manner to make and enter a decree enforcing,  modifying  and
  enforcing as so modified, or setting aside in whole or in part the order
  of  the  board;  and  the findings of the board as to the facts shall in
  like manner be conclusive.
    5.  The commencement of proceedings under subdivisions one and four of
  this section shall  not,  unless  specifically  ordered  by  the  court,
  operate as a stay of the board's order.
    6.  When granting appropriate temporary relief or a restraining order,
  or making and entering a decree enforcing, modifying and enforcing as so
  modified or setting aside in whole or in part an order of the board,  as
  provided  in  this section, the jurisdiction of courts sitting in equity
  shall not be limited  by  acts  pertaining  to  equity  jurisdiction  of
  courts.
    7. Petitions filed under this article shall be heard expeditiously and
  shall  be  considered  and determined upon the transcript filed, without
  requirement of printing. Upon the filing of  a  record  in  the  supreme
  court,  the  case  shall be heard with greatest possible expedition, and
  shall take precedence over all other matters except matters of the  same
  character.