N.Y. Environmental Conservation Law § 19-0511: Review by the courts

§ 19-0511. Review by the courts.

1. Any final order or determination or other final action by the

commissioner and the validity or reasonableness of any code, rule or

regulation promulgated by the department pursuant to this article shall

be subject to review as provided in article 78 of the Civil Practice Law

and Rules.

2. When a review in accordance with article 78 of the Civil Practice

Law and Rules is not maintainable, either because the person aggrieved

was not a party to the original proceedings in which the order or

determination or other action which is sought to be reviewed was made or

taken, or for any other reason, the order or determination of the

commissioner and the validity or reasonableness of any code, rule or

regulation of the department promulgated pursuant to this article may

nevertheless be reviewed as hereinafter provided:

a. Application for relief from any code, rule or regulation of the

department or from any determination or order or other action which

shall have been made or taken by the commissioner or by any person

acting in the name of the department or commissioner shall be made by

special proceeding. The petition shall be verified and shall set forth

the code, rule or regulation or the determination or order or other

action of the department or commissioner or the part thereof which the

petitioner shall claim to be unreasonable or prejudicial to him and

shall specify the grounds therefor. Such petition may be accompanied by

affidavits or other written proof and shall demand the relief to which

the petitioner alleges he is entitled, in the alternative or otherwise.

Such petition may be made by any one or more persons jointly or

severally who shall be aggrieved by any such code, rule or regulation or

any such determination, order or act whether or not such petitioner is

or was a party to the proceeding in which such code, rule or regulation

was adopted by the department or in which such determination or order or

action was made or taken by the commissioner.

b. A proceeding brought under the provisions of this subdivision must

be instituted by service of the petition and notices of application for

relief within two months after the action of the department or

commissioner which is sought to be reviewed shall become final and

binding upon the petitioner or the person whom he represents either in

law or in fact; or, with the permission of the supreme court granted

within two years in case the petitioner or the person whom he

represented at the time such action became final and binding upon the

petitioner or such person was under the age of twenty-one years, or

mentally ill, or imprisoned on a criminal charge, or had been sentenced

for a term of less than life.

c. In all other respects the procedure prescribed in subdivision 1 of

this section shall be applicable to a review provided for in this

subdivision.