2019 New York Laws
PBS - Public Service
Article 8* - Siting of Major Steam Electric Generating Facilities
148*2 - Rehearing and Judicial Review.

* § 148. Rehearing  and judicial review. 1. Any party aggrieved by any
decision on an application for a certificate may apply to the board  for
a rehearing in the manner provided in section twenty-two of this chapter
within  thirty  days  after  issuance  of  the  aggrieving  decision and
thereafter obtain judicial review of such decision 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 facility is to be located,
or if the application is denied, the county wherein  the  applicant  has
proposed  to  locate  the  facility.  If such facility is proposed to be
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 decision by the board 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  and a copy of the board's decision and
opinion. The commission's copy of said transcript, decision and opinion,
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 the board's decision and opinion. 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
decision. If petitions are filed in more than one court,  the  court  in
which  a petition was first filed shall retain exclusive jurisdiction of
the proceeding, and all other petitions shall be  transferred  forthwith
to said court. Upon motion by any party to the proceeding, or on its own
motion,  said  court  may  transfer  the  proceedings  to  the appellate
division in any other judicial department for  good  cause.  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 board 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 decision
is based shall be conclusive if supported by substantial evidence on the
record considered as a whole and matters of judicial notice 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 decision and opinion of the board are:
  (a) in conformity with the constitution and the laws of the state  and
the United States;
  (b)  supported  by  substantial  evidence in the record and matters of
judicial notice properly considered in the opinion;
  (c) within the board's statutory jurisdiction or authority;
  (d) made in accordance with procedures set forth in  this  article  or
established by rule or regulation pursuant to this article;
  (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.

  4. For purposes of section twelve of this chapter, any  proceeding  or
action  involving the board shall be deemed to be a proceeding or action
involving the commission.
  * NB Expired January 1, 1979
  * NB Operative with regard to applications filed on or before December
         31, 1978
  * NB There are 2 § 148's