N.Y. Village Law § 7-740: Review of decisions of planning board

§ 7-740 Review of decisions of planning board. Any officer,

department, board or bureau of the village, with the approval of the

board of trustees, or 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, may bring a

proceeding to review in the manner provided by article seventy-eight of

the civil practice law and rules in a court of record on the ground that

such decision is illegal, in whole or in part. Such proceeding must be

commenced within thirty days after the filing of the decision in the

office of the village 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.