N.Y. Town Law § 282: Court review

§ 282. Court review. Any person or persons, jointly or severally

aggrieved by any decision of the planning board concerning such plat or

the changing of the zoning regulations of such land, or any officer,

department, board or bureau of the town, may have the decision reviewed

by a special term of the supreme court in the manner provided by article

seventy-eight of the civil practice law and rules provided the

proceeding is commenced within thirty days after the filing of the

decision in the office of the town clerk.

Commencement of the proceeding shall stay proceedings upon the

decision appealed from.

If, upon the hearing, 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 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.

Costs shall not be allowed against the planning board, 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.

All issues in any proceeding under this section shall have preference

over all other civil actions and proceedings.