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

* § 148. Rehearing  and judicial review. 1. Any party aggrieved by the
board's decision denying or granting a  certificate  may  apply  to  the
board  for  a  rehearing  within  thirty  days  after  issuance  of  the
aggrieving decision.  Any  such  application  shall  be  considered  and
decided by the board and any rehearing shall be completed and a decision
rendered thereon within three months of the expiration of the period for
filing  rehearing  petitions,  provided however that the board may waive
the deadline where a rehearing is required if necessary  to  develop  an
adequate  record.  Thereafter such a party may obtain judicial review of
such decision as provided in this section. A judicial  proceeding  shall
be  brought  in the appellate division of the supreme court of the state
of New York 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.  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 board 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 board'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
board  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 the 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. The appeal shall be heard on the record,  without  requirement
of reproduction, and upon briefs to the court. 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  provides 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 all other matters.
  2. The grounds for and 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 of the state and the United
States; and
  (b) supported by substantial evidence in the  record  and  matters  of
judicial notice properly considered and applied 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.
  * NB Expired January 1, 1989
  * NB Operative with regard to applications filed on or before December
         31, 1988

  * NB There are 2 § 148's