N.Y. Energy Law § 18-113: Judicial review

§ 18-113. Judicial review. 1. A judicial proceeding to review a final

decision of the board shall be brought in the appellate division of the

supreme court in the judicial department embracing the county wherein

the facility is proposed to be located. 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 together with proof

of service of a demand on the board 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 board'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 board 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 the 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. The appeal shall be heard on the record, without

requirement of reproduction, and upon briefs to the court. 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 provides

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 all other matters.

2. The grounds for and 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 of the state and the United

States; and

(b) supported by substantial evidence in the record and matters of

judicial notice properly considered and applied 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.