N.Y. Town Law § 267-c: Article seventy-eight proceeding

§ 267-c. Article seventy-eight proceeding. 1. Application to supreme

court by aggrieved persons. Any person or persons, jointly or severally

aggrieved by any decision of the board of appeals or any officer,

department, board or bureau of the town, may apply to the supreme court

for review by a proceeding under article seventy-eight of the civil

practice law and rules. Such proceeding shall be instituted within

thirty days after the filing of a decision of the board in the office of

the town clerk.

2. Costs of appeal. Costs shall not be allowed against the board of

appeals unless it shall appear to the court that it acted with gross

negligence or in bad faith or with malice in making the decision

appealed from.

3. Preference of appeal to court. All issues in any proceeding under

this section shall have preference over all other civil actions and

proceedings.

4. Power of court. If upon the hearing at the supreme court, it shall

appear to the court that testimony is necessary for the proper

disposition of the matter, it may take evidence or appoint a referee to

take such evidence as it may direct and report the same to the court

with his or her findings of fact and conclusions of law, which shall

constitute a part of the proceedings upon which the determination of the

court shall be made. The court may reverse or affirm, wholly or partly,

or may modify the decision brought up for review determining all

questions which may be presented for determination.