2020 New York Laws
ENG - Energy
Article 18 - Temporary Nuclear Waste Repositories
18-113 - Judicial Review.

§ 18-113. Judicial review.  1. A judicial proceeding to review a final
decision  of the board shall be brought in the appellate division of the
supreme court in the judicial department embracing  the  county  wherein
the  facility  is  proposed  to  be  located.  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 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. 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.