NY Civ Serv L § 213 (2021)
2021 New York Laws CVS - Civil Service Article 14 - Public Employees' Fair Employment Act 213 - Judicial Review and Enforcement.

§ 213. Judicial  review and enforcement. (a) Final orders of the board made pursuant to this article shall be conclusive against all parties to its proceedings and persons who have had an opportunity to be parties to its  proceedings  unless  reversed  or  modified  in   proceedings   for enforcement  or  judicial  review as hereinafter provided.  Final orders shall be  (i)  reviewable  under  article  seventy-eight  of  the  civil practice  law and rules upon petition filed by an aggrieved party within thirty days after service by registered or certified mail of a  copy  of such   order  upon  such  party,  and  (ii)  enforceable  in  a  special proceeding, upon petition of such board, by the supreme court, provided, however, that an order of the board which determines whether an employer or employee is subject to this article may be deemed final when made.  (b) Orders of the board or its agents made  pursuant  to  subdivisions one  and  two  of  section  two  hundred  seven of this chapter shall be reviewable only in a proceeding brought under article  seventy-eight  of the  civil  practice  law and rules to review an order of the board made pursuant to subdivision three of  section  two  hundred  seven  of  this chapter.  (c)  If  a  proceeding  by  the  board for enforcement of its order is instituted prior to the expiration of the period within  which  a  party may  seek judicial review of such order, the respondent may raise in his answer the questions authorized to be raised by section  seven  thousand eight  hundred  three of the civil practice law and rules and thereafter the  proceedings  shall  be  governed  by  the  provisions  of   article seventy-eight  of  the  civil  practice  law  and  rules  that  are  not inconsistent herewith, except that if an  issue  specified  in  question four of section seven thousand eight hundred three of the civil practice law  and  rules  is  raised,  the  proceeding  shall  be transferred for disposition to the appellate division of the  supreme  court.  Where  an issue specified in question four of section seven thousand eight hundred three  of  the  civil  practice  law  and  rules  is raised, either in a proceeding to enforce or review an order of  the  board,  the  appellate division of the supreme court, upon completion of proceedings before it, shall  remit  a  copy of its judgment or order to the court in which the proceeding was commenced, which court shall have  the  power  to  compel compliance with such judgment or order.  (d)  In  a  proceeding to enforce or review an order of the board, the court shall have power to grant such  temporary  relief  or  restraining order  as  it deems just and proper, and to make and enter a judgment or decree enforcing, modifying and enforcing as  so  modified,  or  setting aside in whole or in part the order of the board.  (e) The failure to perform the duties required by subdivisions two and three  of  section  two  hundred  ten of this chapter and by section two hundred eleven of this chapter shall be reviewable in a proceeding under article seventy-eight of  the  civil  practice  law  and  rules  by  any taxpayer,  as  defined  in  section one hundred two of this chapter. Any such taxpayer shall also have standing to institute any action described in subdivisions one and two of section one hundred two of this chapter.