NY Env Conserv L § 19-0511 (2021)
2021 New York Laws ENV - Environmental Conservation Article 19 - Air Pollution Control Title 5 - Procedure 19-0511 - Review by the Courts.

§ 19-0511. Review by the courts.1.  Any  final  order  or  determination  or other final action by the   commissioner and the validity or reasonableness of  any  code,  rule  or   regulation  promulgated by the department pursuant to this article shall   be subject to review as provided in article 78 of the Civil Practice Law   and Rules.2. When a review in accordance with 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  in  which  the  order  or   determination or other action which is sought to be reviewed was made or   taken,  or  for  any  other  reason,  the  order or determination of the   commissioner and the validity or reasonableness of  any  code,  rule  or   regulation  of  the  department promulgated pursuant to this article may   nevertheless be reviewed as hereinafter provided:a. Application for relief from any code, rule  or  regulation  of  the   department  or  from  any  determination  or order or other action which   shall have been made or taken by  the  commissioner  or  by  any  person   acting  in  the  name of the department or commissioner shall be made by   special proceeding. The petition shall be verified and shall  set  forth   the  code,  rule  or  regulation  or the determination or order or other   action of the department or commissioner or the part thereof  which  the   petitioner  shall  claim  to  be  unreasonable or prejudicial to him and   shall specify the grounds therefor. Such petition may be accompanied  by   affidavits  or  other written proof and shall demand the relief to which   the petitioner alleges he is entitled, in the alternative or  otherwise.   Such  petition  may  be  made  by  any  one  or  more persons jointly or   severally who shall be aggrieved by any such code, rule or regulation or   any such determination, order or act whether or not such  petitioner  is   or  was a party to the proceeding in which such code, rule or regulation   was adopted by the department or in which such determination or order or   action was made or taken by the commissioner.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  two  months  after  the  action  of  the  department  or   commissioner  which  is  sought  to  be  reviewed shall become final and   binding upon the petitioner or the person whom he represents  either  in   law  or  in  fact;  or, with the permission of the supreme court granted   within  two  years  in  case  the  petitioner  or  the  person  whom  he   represented  at  the  time such action became final and binding upon the   petitioner or such person was under the  age  of  twenty-one  years,  or   mentally  ill, or imprisoned on a criminal charge, or had been sentenced   for a term of less than life.c. In all other respects the procedure prescribed in subdivision 1  of   this  section  shall  be  applicable  to  a  review provided for in this   subdivision.