N.Y. Civil Service Law § 213: Judicial review and enforcement

§ 213. Judicial review and enforcement. (a) Final orders of the board

made pursuant to this article shall be conclusive against all parties to

its proceedings and persons who have had an opportunity to be parties to

its proceedings unless reversed or modified in proceedings for

enforcement or judicial review as hereinafter provided. Final orders

shall be (i) reviewable under article seventy-eight of the civil

practice law and rules upon petition filed by an aggrieved party within

thirty days after service by registered or certified mail of a copy of

such order upon such party, and (ii) enforceable in a special

proceeding, upon petition of such board, by the supreme court, provided,

however, that an order of the board which determines whether an employer

or employee is subject to this article may be deemed final when made.

(b) Orders of the board or its agents made pursuant to subdivisions

one and two of section two hundred seven of this chapter shall be

reviewable only in a proceeding brought under article seventy-eight of

the civil practice law and rules to review an order of the board made

pursuant to subdivision three of section two hundred seven of this

chapter.

(c) If a proceeding by the board for enforcement of its order is

instituted prior to the expiration of the period within which a party

may seek judicial review of such order, the respondent may raise in his

answer the questions authorized to be raised by section seven thousand

eight hundred three of the civil practice law and rules and thereafter

the proceedings shall be governed by the provisions of article

seventy-eight of the civil practice law and rules that are not

inconsistent herewith, except that if an issue specified in question

four of section seven thousand eight hundred three of the civil practice

law and rules is raised, the proceeding shall be transferred for

disposition to the appellate division of the supreme court. Where an

issue specified in question four of section seven thousand eight hundred

three of the civil practice law and rules is raised, either in a

proceeding to enforce or review an order of the board, the appellate

division of the supreme court, upon completion of proceedings before it,

shall remit a copy of its judgment or order to the court in which the

proceeding was commenced, which court shall have the power to compel

compliance with such judgment or order.

(d) In a proceeding to enforce or review an order of the board, the

court shall have power to grant such temporary relief or restraining

order as it deems just and proper, and to make and enter a judgment or

decree enforcing, modifying and enforcing as so modified, or setting

aside in whole or in part the order of the board.

(e) The failure to perform the duties required by subdivisions two and

three of section two hundred ten of this chapter and by section two

hundred eleven of this chapter shall be reviewable in a proceeding under

article seventy-eight of the civil practice law and rules by any

taxpayer, as defined in section one hundred two of this chapter. Any

such taxpayer shall also have standing to institute any action described

in subdivisions one and two of section one hundred two of this chapter.