N.Y. Executive Law § 298: Judicial review and enforcement

§ 298. Judicial review and enforcement. Any complainant, respondent or

other person aggrieved by an order of the commissioner which is an order

after public hearing, a cease and desist order, an order awarding

damages, an order dismissing a complaint, or by an order of the division

which makes a final disposition of a complaint may obtain judicial

review thereof, and the division may obtain an order of court for its

enforcement and for the enforcement of any order of the commissioner

which has not been appealed to the court, in a proceeding as provided in

this section. Such proceeding shall be brought in the supreme court in

the county wherein the unlawful discriminatory practice which is the

subject of the order occurs or wherein any person required in the order

to cease and desist from an unlawful discriminatory practice or to take

other affirmative action resides or transacts business. Such proceeding

shall be initiated by the filing of a notice of petition and petition in

such court. Thereafter, at a time and in a manner to be specified by

rules of court, the division shall file with the court a written

transcript of the record of all prior proceedings. Upon the filing of a

notice of petition and petition, the court shall have jurisdiction of

the proceeding and of the questions determined therein, except that

where the order sought to be reviewed was made as a result of a public

hearing held pursuant to paragraph a of subdivision four of section two

hundred ninety-seven of this article, the court shall make an order

directing that the proceeding be transferred for disposition to the

appellate division of the supreme court in the judicial department

embracing the county in which the proceeding was commenced. The court

shall have power to grant such temporary relief or restraining order as

it deems just and proper, and to make and enter upon the pleadings,

testimony, and proceedings set forth in such transcript an order

enforcing, modifying, and enforcing as so modified, or setting aside in

whole or in part such order. No objection that has not been urged in

prior proceedings shall be considered by the court, unless the failure

or neglect to urge such objection shall be excused because of

extraordinary circumstances. Any party may move the court to remit the

case to the division in the interests of justice for the purpose of

adducing additional specified and material evidence and seeking findings

thereon, provided he or she shows reasonable grounds for the failure to

adduce such evidence in prior proceedings. The findings of facts on

which such order is based shall be conclusive if supported by sufficient

evidence on the record considered as a whole. All such proceedings shall

be heard and determined by the court and any appeal taken from its

judgment or order shall be reviewed by the appropriate appellate court

as expeditiously as possible and with lawful precedence over other

matters. The jurisdiction of the courts over these proceedings, as

provided for herein, shall be exclusive and their judgments and orders

shall be final, subject to appellate review in the same manner and form

and with the same effect as provided for appeals from a judgment in a

special proceeding. The division's copy of the testimony shall be

available at all reasonable times to all parties for examination without

cost and for the purposes of judicial review of such order. Any appeal

under this section and any proceeding, if instituted under article

seventy-eight of the civil practice law and rules to which the division

or the board is a party shall be heard on the record without requirement

of printing. The division may appear in court by one of its attorneys. A

proceeding under this section when instituted by any complainant,

respondent or other person aggrieved must be instituted within sixty

days after the service of such order. In cases of housing discrimination

only, a complaint dismissed after investigation for lack of jurisdiction

or lack of probable cause may either be appealed pursuant to this

section or the same cause of action may be filed in a court of

appropriate jurisdiction pursuant to section two hundred ninety-seven of

this article.