N.Y. Labor Law § 707: Judicial review

§ 707. Judicial review. 1. The board shall have power to petition the

supreme court of the state within the county wherein the unfair labor

practice in question occurred or wherein any person charged with the

unfair labor practice resides or transacts business, or if such court be

on vacation or in recess, then to the supreme court of any county

adjoining the county wherein the unfair labor practice in question

occurred or wherein any person charged with the unfair labor practice

resides or transacts business, for the enforcement of such order and for

appropriate temporary relief or restraining order, and shall certify and

file in the court a transcript of the entire record in the proceeding,

including the pleadings and testimony upon which such order was made and

the findings and order of the board. Upon such filing, the court shall

cause notice thereof to be served upon such person, and thereupon shall

have jurisdiction of the proceeding and of the question determined

therein, and 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 a decree enforcing, modifying, and enforcing as so modified,

or setting aside in whole or in part the order of the board.

2. No objection that has not been urged before the board, its member,

agent or agency, shall be considered by the court, unless the failure or

neglect to urge such objection shall be excused because of extraordinary

circumstances. The findings of the board as to the facts, if supported

by evidence, shall be conclusive. If either party shall apply to the

court for leave to adduce additional evidence and shall show to the

satisfaction of the court that such additional evidence is material and

that there were reasonable grounds for the failure to adduce such

evidence in the hearing before the board, its member, agent, or agency,

the court may order such additional evidence to be taken before the

board, its member, agent, or agency, and to be made a part of the

transcript. The board may modify its finding as to the facts, or make

new findings, by reason of additional evidence so taken and filed, and

it shall file such modified or new findings, which, if supported by

evidence, shall be conclusive, and shall file its recommendations, if

any, for the modification or setting aside of its original order.

3. The jurisdiction of the supreme court shall be exclusive and its

judgment and decree shall be final, except that appeals shall lie to the

appellate division of said court and to the court of appeals, in the

manner and subject to the limitations provided in the civil practice law

and rules irrespective of the nature of the decree or judgment or the

amount involved.

4. Any person aggrieved by a final order of the board granting or

denying in whole or in part the relief sought may obtain a review of

such order in the supreme court of the county where the unfair labor

practice in question was alleged to have been engaged in or wherein such

person resides or transacts business by filing in such court a written

petition praying that the order of the board be modified or set aside,

or if such court be on vacation or in recess, then to the supreme court

of any county adjoining the county wherein the unfair labor practice in

question occurred or wherein any such person resides or transacts

business. A copy of such petition shall be forthwith served upon the

board, and thereupon the aggrieved party shall file in the court a

transcript of the entire record in the proceeding, certified by the

board, including the pleading and testimony and order of the board. Upon

such filing, the court shall proceed in the same manner as in the case

of an application by the board under subdivision one of this section,

and shall have the same exclusive jurisdiction to grant to the board

such temporary relief or restraining order as it deems just and proper,

and in like manner to make and enter a decree enforcing, modifying and

enforcing as so modified, or setting aside in whole or in part the order

of the board; and the findings of the board as to the facts shall in

like manner be conclusive.

5. The commencement of proceedings under subdivisions one and four of

this section shall not, unless specifically ordered by the court,

operate as a stay of the board's order.

6. When granting appropriate temporary relief or a restraining order,

or making and entering a decree enforcing, modifying and enforcing as so

modified or setting aside in whole or in part an order of the board, as

provided in this section, the jurisdiction of courts sitting in equity

shall not be limited by acts pertaining to equity jurisdiction of

courts.

7. Petitions filed under this article shall be heard expeditiously and

shall be considered and determined upon the transcript filed, without

requirement of printing. Upon the filing of a record in the supreme

court, the case shall be heard with greatest possible expedition, and

shall take precedence over all other matters except matters of the same

character.