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This entry was published on 2014-09-22
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SECTION 18-113
Judicial review
Energy (ENG) CHAPTER 17-A, ARTICLE 18
§ 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.