N.Y. Environmental Conservation Law § 57-0135: Judicial review

§ 57-0135. Judicial review.

Any person aggrieved by a final determination by any governing body

acting under this title, may within thirty days from the date of such

determination seek judicial review pursuant to article seventy-eight of

the civil practice law and rules in the supreme court. The commission

shall be a party to any such proceeding. In the event that the court

finds that the determination of such governing body constitutes the

equivalent of taking without just compensation, the commission may set

aside the determination of such governing body, or if the land so

regulated otherwise meets the goals and objectives of this title and if

the commission or the governing body has sufficient funds therefor, the

commission or the governing body may acquire such land or interest in

lands as have been taken, proceeding under the power of eminent domain.

All issues in any proceeding under the power of eminent domain shall

have preference over all other civil actions or proceedings.