NY Env Conserv L § 17-0909 (2021)
2021 New York Laws ENV - Environmental Conservation Article 17 - Water Pollution Control Title 9 - Procedure 17-0909 - Review by Courts.

§ 17-0909. Review by courts.1.  The provisions of this section shall apply only to titles 1 to 11,   inclusive, and title 19 of this article.2. All orders or determinations of the commissioner or the  department   shall  be  subject  to  review  as  provided  in article 78 of the Civil   Practice Law and Rules. Application for such review must be made  within   sixty  days  after  service  in  person  or  by  mail  of  a copy of the   determination, or decision upon the attorney of record of the  applicant   and  of  each  person  who  has  filed a notice of appearance, or to the   applicant in person directly if not represented by an attorney.3. Where a review as provided by article 78 of the Civil Practice  Law   and  Rules  is not maintainable, either because the person aggrieved was   not a party to the original proceedings, or for  any  other  reason,  an   order  or determination of the former water pollution control board, the   former water resources commission, the department  or  the  commissioner   may nevertheless be reviewed as hereinafter provided:a.  Application  for  relief  shall be made by special proceeding. The   petition shall be verified and shall set forth that  the  classification   of  waters,  standards  of  quality  and purity thereof, or the finding,   determination, decision or order sought to be reviewed  is  illegal,  in   whole  or  in part, and specify the grounds of the illegality; it may be   accompanied by affidavits and other written proof, and shall demand  the   relief  to  which  the  petitioner  supposes  himself  entitled,  in the   alternative or otherwise. Such petition may be made  by  any  person  or   persons  jointly  or  severally aggrieved by a denial or revocation of a   permit or by any decision of the former Water Pollution  Control  Board,   the   former   Water   Resources  Commission,  the  department,  or  the   commissioner or any act of the executive secretary  or  other  agent  or   person  acting in the name of such board, commission, department, or the   commissioner whether or not such petitioner is or was  a  party  to  the   proceedings sought to be reviewed.b.  A proceeding brought under the provisions of this subdivision must   be instituted by service of the petition and notices of application  for   relief,  within  four months after publication as herein provided of the   classification of waters or the  standards  of  purity  and  quality  of   waters, or after the finding, determination, decision or order sought to   be  reviewed becomes final and binding upon the petitioner or the person   whom he represents, either in law  or  in  fact;  or  with  the  court's   permission  within two years, where the petitioner or the person whom he   represents, at the time such determination became final and binding upon   him, was under  the  age  of  twenty-one  years,  or  mentally  ill,  or   imprisoned  on  a  criminal  charge or sentenced for a term of less than   life.c. In all other respects the procedure  prescribed  in  subdivision  2   shall be applicable to a review provided by this subdivision.