NY Lab L § 707 (2021)
2021 New York Laws LAB - Labor Article 20 - New York State Labor Relations Act 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.