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This entry was published on 2021-01-08
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Judicial review and enforcement
Executive (EXC) CHAPTER 18, ARTICLE 15
§ 298. Judicial review and enforcement. Any complainant, respondent or
other person aggrieved by an order of the commissioner which is an order
after public hearing, a cease and desist order, an order awarding
damages, an order dismissing a complaint, or by an order of the division
which makes a final disposition of a complaint may obtain judicial
review thereof, and the division may obtain an order of court for its
enforcement and for the enforcement of any order of the commissioner
which has not been appealed to the court, in a proceeding as provided in
this section. Such proceeding shall be brought in the supreme court in
the county wherein the unlawful discriminatory practice which is the
subject of the order occurs or wherein any person required in the order
to cease and desist from an unlawful discriminatory practice or to take
other affirmative action resides or transacts business. Such proceeding
shall be initiated by the filing of a notice of petition and petition in
such court. Thereafter, at a time and in a manner to be specified by
rules of court, the division shall file with the court a written
transcript of the record of all prior proceedings. Upon the filing of a
notice of petition and petition, the court shall have jurisdiction of
the proceeding and of the questions determined therein, except that
where the order sought to be reviewed was made as a result of a public
hearing held pursuant to paragraph a of subdivision four of section two
hundred ninety-seven of this article, the court shall make an order
directing that the proceeding be transferred for disposition to the
appellate division of the supreme court in the judicial department
embracing the county in which the proceeding was commenced. The court
shall have power to grant such temporary relief or restraining order as
it deems just and proper, and to make and enter upon the pleadings,
testimony, and proceedings set forth in such transcript an order
enforcing, modifying, and enforcing as so modified, or setting aside in
whole or in part such order. No objection that has not been urged in
prior proceedings shall be considered by the court, unless the failure
or neglect to urge such objection shall be excused because of
extraordinary circumstances. Any party may move the court to remit the
case to the division in the interests of justice for the purpose of
adducing additional specified and material evidence and seeking findings
thereon, provided he or she shows reasonable grounds for the failure to
adduce such evidence in prior proceedings. The findings of facts on
which such order is based shall be conclusive if supported by sufficient
evidence on the record considered as a whole. All such proceedings shall
be heard and determined by the court and any appeal taken from its
judgment or order shall be reviewed by the appropriate appellate court
as expeditiously as possible and with lawful precedence over other
matters. The jurisdiction of the courts over these proceedings, as
provided for herein, shall be exclusive and their judgments and orders
shall be final, subject to appellate review in the same manner and form
and with the same effect as provided for appeals from a judgment in a
special proceeding. The division's copy of the testimony shall be
available at all reasonable times to all parties for examination without
cost and for the purposes of judicial review of such order. Any appeal
under this section and any proceeding, if instituted under article
seventy-eight of the civil practice law and rules to which the division
or the board is a party shall be heard on the record without requirement
of printing. The division may appear in court by one of its attorneys. A
proceeding under this section when instituted by any complainant,
respondent or other person aggrieved must be instituted within sixty
days after the service of such order. In cases of housing discrimination
only, a complaint dismissed after investigation for lack of jurisdiction
or lack of probable cause may either be appealed pursuant to this
section or the same cause of action may be filed in a court of
appropriate jurisdiction pursuant to section two hundred ninety-seven of
this article.