2019 New York Laws
PBS - Public Service
Article 7 - Siting of Major Utility Transmission Facilities
128 - Judicial Review.

§ 128. Judicial review.  1. Any party aggrieved by any order issued on
an application for a certificate may apply for a rehearing under section
twenty-two within thirty days after issuance of the order and thereafter
obtain judicial review of such order in a proceeding as provided in this
section.  Such  proceeding shall be brought in the appellate division of
the supreme court of the state in the judicial department embracing  the
county  wherein  the  proposed  facility is located. If such facility is
located in more than one judicial department,  such  proceeding  may  be
brought  in  any  one but only one of such departments.  Such proceeding
shall be initiated by the filing of a  petition  in  such  court  within
thirty  days  after the issuance of a final order by the commission upon
the application for rehearing, together  with  proof  of  service  of  a
demand  on  the  commission  to file with said court a copy of a written
transcript of the record of the proceeding before it and a copy  of  its
order  and  opinion,  if  any. The commission's copy of said transcript,
order and opinion, if any, shall be available at all reasonable times to
all parties for examination without cost.  Upon receipt of such petition
and demand, the commission shall forthwith deliver to the court  a  copy
of the record and a copy of its order and opinion, if any. Thereupon the
court  shall have jurisdiction of the proceeding and shall have power to
grant such relief as it deems just and proper, and to make and enter  an
order  enforcing, modifying, and enforcing as so modified, remanding for
further specific evidence or findings or setting aside in  whole  or  in
part  such  order.  The  appeal  shall  be  heard  on the record without
requirement of reproduction. No objection that has not been urged by the
party in his application for rehearing 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.  The
findings  of  fact  on  which such order is based shall be conclusive if
supported by substantial evidence on the record considered as a whole or
by information set  forth  in  the  opinion.  The  jurisdiction  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 precedence
over other matters.
  2.  The  grounds  for  and  the  scope of review of the court shall be
limited to whether the order of the commission and opinion, if any, is
  (a) in conformity with the constitution and the laws of the state  and
the United States.
  (b)  supported by substantial evidence in the record or by information
properly considered in the opinion.
  (c) within the commission's statutory jurisdiction or authority.
  (d) made in accordance with procedures set forth in  this  article  or
established by rule or regulation of the commission.
  (e) arbitrary, capricious or an abuse of discretion.
  3.  Except  as  herein  provided  article  seventy-eight  of the civil
practice law and rules shall apply to appeals taken hereunder.