* § 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