NY Exec L § 298 (2021)
2021 New York Laws EXC - Executive Article 15 - Human Rights Law 298 - Judicial Review and Enforcement.

§ 298. Judicial review and enforcement. Any complainant, respondent or   other person aggrieved by an order of the commissioner which is an order   after  public  hearing,  a  cease  and  desist  order, an order awarding   damages, an order dismissing a complaint, or by an order of the division   which makes a final disposition  of  a  complaint  may  obtain  judicial   review  thereof,  and  the division may obtain an order of court for its   enforcement and for the enforcement of any  order  of  the  commissioner   which has not been appealed to the court, in a proceeding as provided in   this  section.  Such proceeding shall be brought in the supreme court in   the county wherein the unlawful discriminatory  practice  which  is  the   subject  of the order occurs or wherein any person required in the order   to cease and desist from an unlawful discriminatory practice or to  take   other  affirmative action resides or transacts business. Such proceeding   shall be initiated by the filing of a notice of petition and petition in   such court. Thereafter, at a time and in a manner  to  be  specified  by   rules  of  court,  the  division  shall  file  with  the court a written   transcript of the record of all prior proceedings. Upon the filing of  a   notice  of  petition  and petition, the court shall have jurisdiction of   the proceeding and of the  questions  determined  therein,  except  that   where  the  order sought to be reviewed was made as a result of a public   hearing held pursuant to paragraph a of subdivision four of section  two   hundred  ninety-seven  of  this  article,  the court shall make an order   directing that the proceeding be  transferred  for  disposition  to  the   appellate  division  of  the  supreme  court  in the judicial department   embracing the county in which the proceeding was  commenced.  The  court   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  an order   enforcing, modifying, and enforcing as so modified, or setting aside  in   whole  or  in  part  such order. No objection that has not been urged in   prior proceedings shall be considered by the court, unless  the  failure   or   neglect  to  urge  such  objection  shall  be  excused  because  of   extraordinary circumstances. Any party may move the court to  remit  the   case  to  the  division  in  the interests of justice for the purpose of   adducing additional specified and material evidence and seeking findings   thereon, provided he or she shows reasonable grounds for the failure  to   adduce  such  evidence  in  prior  proceedings. The findings of facts on   which such order is based shall be conclusive if supported by sufficient   evidence on the record considered as a whole. All such proceedings shall   be heard and determined by the court  and  any  appeal  taken  from  its   judgment  or  order shall be reviewed by the appropriate appellate court   as expeditiously as possible  and  with  lawful  precedence  over  other   matters.  The  jurisdiction  of  the  courts  over these proceedings, as   provided for herein, shall be exclusive and their judgments  and  orders   shall  be final, subject to appellate review in the same manner and form   and with the same effect as provided for appeals from a  judgment  in  a   special  proceeding.  The  division's  copy  of  the  testimony shall be   available at all reasonable times to all parties for examination without   cost and for the purposes of judicial review of such order.  Any  appeal   under  this  section  and  any  proceeding,  if instituted under article   seventy-eight of the civil practice law and rules to which the  division   or the board is a party shall be heard on the record without requirement   of printing. The division may appear in court by one of its attorneys. A   proceeding  under  this  section  when  instituted  by  any complainant,   respondent or other person aggrieved must  be  instituted  within  sixty   days after the service of such order. In cases of housing discrimination   only, a complaint dismissed after investigation for lack of jurisdiction   or  lack  of  probable  cause  may  either  be appealed pursuant to this    section or the same  cause  of  action  may  be  filed  in  a  court  of   appropriate jurisdiction pursuant to section two hundred ninety-seven of   this article.