N.Y. Public Service Law § 128: Judicial review

§ 128. Judicial review. 1. Any party aggrieved by any order issued on

an application for a certificate may apply for a rehearing under section

twenty-two within thirty days after issuance of the order and thereafter

obtain judicial review of such order in a proceeding as provided in this

section. Such proceeding shall be brought in the appellate division of

the supreme court of the state in the judicial department embracing the

county wherein the proposed facility is located. If such facility is

located in more than one judicial department, such proceeding may be

brought in any one but only one of such departments. Such proceeding

shall be initiated by the filing of a petition in such court within

thirty days after the issuance of a final order by the commission upon

the application for rehearing, together with proof of service of a

demand on the commission to file with said court a copy of a written

transcript of the record of the proceeding before it and a copy of its

order and opinion, if any. The commission's copy of said transcript,

order and opinion, if any, shall be available at all reasonable times to

all parties for examination without cost. Upon receipt of such petition

and demand, the commission shall forthwith deliver to the court a copy

of the record and a copy of its order and opinion, if any. Thereupon the

court shall have jurisdiction of the proceeding and shall have power to

grant such relief as it deems just and proper, and to make and enter an

order enforcing, modifying, and enforcing as so modified, remanding for

further specific evidence or findings or setting aside in whole or in

part such order. The appeal shall be heard on the record without

requirement of reproduction. No objection that has not been urged by the

party in his application for rehearing before the commission 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 fact on which such order is based shall be conclusive if

supported by substantial evidence on the record considered as a whole or

by information set forth in the opinion. The jurisdiction of the

appellate division of the supreme court shall be exclusive and its

judgment and order shall be final, subject to review by the court of

appeals in the same manner and form and with the same effect as provided

for appeals in a special proceeding. All such proceedings shall be heard

and determined by the appellate division of the supreme court and by the

court of appeals as expeditiously as possible and with lawful precedence

over other matters.

2. The grounds for and the scope of review of the court shall be

limited to whether the order of the commission and opinion, if any, is

(a) in conformity with the constitution and the laws of the state and

the United States.

(b) supported by substantial evidence in the record or by information

properly considered in the opinion.

(c) within the commission's statutory jurisdiction or authority.

(d) made in accordance with procedures set forth in this article or

established by rule or regulation of the commission.

(e) arbitrary, capricious or an abuse of discretion.

3. Except as herein provided article seventy-eight of the civil

practice law and rules shall apply to appeals taken hereunder.