N.Y. Eminent Domain Procedure Law § 207: Judicial review

§ 207. Judicial review. (A) Any person or persons jointly or

severally, aggrieved by the condemnor's determination and findings made

pursuant to section two hundred four of this article, may seek judicial

review thereof by the appellate division of the supreme court, in the

judicial department embracing the county wherein the proposed facility

is located by the filing of a petition in such court within thirty days

after the condemnor's completion of its publication of its determination

and findings pursuant to section two hundred four herein. Such petition

shall be accompanied by proof of service of a demand on the condemnor to

file with said court a copy of a written transcript of the record of the

proceeding before it, and a copy of its determination and findings. Upon

receipt of such petition and demand, the condemnor shall forthwith

deliver to the court a copy of the record and a copy of its

determination and findings. The proceeding shall be heard on the record

without requirement of reproduction. If such proposed public improvement

is located in more than one judicial department such proceeding may be

brought in any one, but only one of such departments and all such

proceedings with relation to any single public project shall be

consolidated with that first filed.

(B) 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 preference over other matters.

(C) The court shall either confirm or reject the condemnor's

determination and findings. The scope of review shall be limited to

whether:

(1) the proceeding was in conformity with the federal and state

constitutions,

(2) the proposed acquisition is within the condemnor's statutory

jurisdiction or authority,

(3) the condemnor's determination and findings were made in accordance

with procedures set forth in this article and with article eight of the

environmental conservation law, and

(4) a public use, benefit or purpose will be served by the proposed

acquisition.