N.Y. Environmental Conservation Law § 25-0404: Judicial review

§ 25-0404. Judicial review.

Any person aggrieved by the issuance, denial, suspension, or

revocation of a permit may within thirty days from the date of the

commissioner's order seek judicial review pursuant to article

seventy-eight of the civil practice law and rules in the supreme court

for the county in which the tidal wetlands affected are located. In the

event that the court may find that the determination of the commissioner

constitutes the equivalent of a taking without compensation, and the

land so regulated otherwise meets the interest and objectives of this

act it may, at the election of the commissioner, either set aside the

order or require the commissioner to acquire the tidal wetlands or such

rights in them as have been taken, proceeding under the power of eminent

domain.