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This entry was published on 2014-09-22
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Article seventy-eight proceeding
§ 267-c. Article seventy-eight proceeding. 1. Application to supreme
court by aggrieved persons. Any person or persons, jointly or severally
aggrieved by any decision of the board of appeals or any officer,
department, board or bureau of the town, may apply to the supreme court
for review by a proceeding under article seventy-eight of the civil
practice law and rules. Such proceeding shall be instituted within
thirty days after the filing of a decision of the board in the office of
the town clerk.

2. Costs of appeal. Costs shall not be allowed against the board of
appeals unless it shall appear to the court that it acted with gross
negligence or in bad faith or with malice in making the decision
appealed from.

3. Preference of appeal to court. All issues in any proceeding under
this section shall have preference over all other civil actions and

4. Power of court. If upon the hearing at the supreme court, it shall
appear to the court that testimony is necessary for the proper
disposition of the matter, it may take evidence or appoint a referee to
take such evidence as it may direct and report the same to the court
with his or her findings of fact and conclusions of law, which shall
constitute a part of the proceedings upon which the determination of the
court shall be made. The court may reverse or affirm, wholly or partly,
or may modify the decision brought up for review determining all
questions which may be presented for determination.