2023 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.