NY Pub Serv L § 148 (2021)
2021 New York Laws PBS - Public Service Article 8 - Siting of Major Steam Electric Generating Facilities 148 - Rehearing and Judicial Review.

* § 148. Rehearing  and judicial review. 1. Any party aggrieved by the board's decision denying or granting a  certificate  may  apply  to  the board  for  a  rehearing  within  thirty  days  after  issuance  of  the aggrieving decision.  Any  such  application  shall  be  considered  and decided by the board and any rehearing shall be completed and a decision rendered thereon within three months of the expiration of the period for filing  rehearing  petitions,  provided however that the board may waive the deadline where a rehearing is required if necessary  to  develop  an adequate  record.  Thereafter such a party may obtain judicial review of such decision as provided in this section. A judicial  proceeding  shall be  brought  in the appellate division of the supreme court of the state of New York in the judicial department embracing the county wherein  the facility  is  to be located or, if the application is denied, the county wherein  the  applicant  has  proposed  to  locate  the  facility.  Such proceeding  shall be initiated by the filing of a petition in such court within thirty days after the issuance of a final decision by  the  board upon  the  application for rehearing together with proof of service of a demand on the board to  file  with  said  court  a  copy  of  a  written transcript  of  the  record  of the proceeding and a copy of the board's decision and opinion. The board's copy of said transcript, decision  and opinion,  shall  be available at all reasonable times to all parties for examination without cost. Upon receipt of such petition and  demand  the board  shall  forthwith  deliver to the court a copy of the record and a copy of the board's decision and opinion.  Thereupon,  the  court  shall have  jurisdiction  of  the proceeding and shall have the power to grant such relief as it deems just and proper, and to make and enter an  order enforcing, modifying and enforcing as so modified, remanding for further specific  evidence or findings or setting aside in whole or in part such decision. The appeal shall be heard on the record,  without  requirement of reproduction, and upon briefs to the court. No objection that has not been  urged  by  the  party  in his application for rehearing before the board 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  fact  on which such decision is based shall be conclusive if supported by substantial evidence on  the  record considered  as  a  whole and matters of judicial notice set forth in the opinion. The jurisdiction of the appellate division of the supreme court shall be exclusive and its judgment and order shall be final, subject to review by the court of appeals in the same manner and form and with  the same  effect  as  provides for appeals in a special proceeding. All such proceedings shall be heard and determined by the appellate  division  of the  supreme  court  and  by  the  court  of appeals as expeditiously as possible and with lawful precedence over all other matters.   2. The grounds for and scope of review of the court shall  be  limited to whether the decision and opinion of the board are:  (a)  in  conformity  with the constitution of the state and the United States; and  (b) supported by substantial evidence in the  record  and  matters  of judicial notice properly considered and applied in the opinion;  (c) within the board's statutory jurisdiction or authority;  (d)  made  in  accordance with procedures set forth in this article or established by rule or regulation pursuant to this article;  (e) arbitrary, capricious or an abuse of discretion.   3. Except as  herein  provided  article  seventy-eight  of  the  civil practice law and rules shall apply to appeals taken hereunder.   * NB Expired January 1, 1989   * NB Operative with regard to applications filed on or before December          31, 1988    * NB There are 2 § 148's