2023 New York Laws › PBS - Public Service › Article 8 - Siting of Renewable Energy and Electric Transmission › 146 - Judicial Review.

* § 146. Judicial  review.  1.  Any party aggrieved by the issuance or
denial of a siting permit under this article may seek judicial review of
such decision as provided in this section.
2. A judicial proceeding shall be brought in the third  department  of
the  appellate  division  of the supreme court of the state of New York.
Such proceeding shall be initiated by the filing of a petition  in  such
court  within ninety days after the issuance of a final decision by ORES
together with proof of service of a demand on ORES  to  file  with  said
court a copy of a written transcript of the record of the proceeding and
a  copy  of ORES's decision and opinion. ORES'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 ORES shall forthwith deliver to the court a copy  of  the  record
and  a  copy  of ORES'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. 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 provided
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.
3. The grounds for and scope of review of the court shall  be  limited
to whether the decision and opinion of ORES are:
(a)  In  conformity with the constitution, laws and regulations of the
state and the United States;
(b) Supported by substantial evidence in the  record  and  matters  of
judicial notice properly considered and applied in the opinion;
(c)  Within  the  statutory  jurisdiction or authority of ORES and the
department;
(d) Made in accordance with procedures set forth in  this  section  or
established by rule or regulation pursuant to this article;
(e) Arbitrary, capricious or an abuse of discretion; or
(f) Made pursuant to a process that afforded meaningful involvement of
citizens  affected  by  the facility or project regardless of age, race,
color, national origin and income.
4. Except as  herein  provided  article  seventy-eight  of  the  civil
practice law and rules shall apply to appeals taken hereunder.
* NB Repealed December 31, 2040