2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 5 - Procedure › 19-0511 - Review by the Courts.

§ 19-0511. Review by the courts.
1.  Any  final  order  or  determination  or other final action by the
  commissioner and the validity or reasonableness of  any  code,  rule  or
  regulation  promulgated by the department pursuant to this article shall
  be subject to review as provided in article 78 of the Civil Practice Law
  and Rules.
2. When a review in accordance with article 78 of the  Civil  Practice
  Law  and  Rules is not maintainable, either because the person aggrieved
  was not a party to the  original  proceedings  in  which  the  order  or
  determination or other action which is sought to be reviewed was made or
  taken,  or  for  any  other  reason,  the  order or determination of the
  commissioner and the validity or reasonableness of  any  code,  rule  or
  regulation  of  the  department promulgated pursuant to this article may
  nevertheless be reviewed as hereinafter provided:
a. Application for relief from any code, rule  or  regulation  of  the
  department  or  from  any  determination  or order or other action which
  shall have been made or taken by  the  commissioner  or  by  any  person
  acting  in  the  name of the department or commissioner shall be made by
  special proceeding. The petition shall be verified and shall  set  forth
  the  code,  rule  or  regulation  or the determination or order or other
  action of the department or commissioner or the part thereof  which  the
  petitioner  shall  claim  to  be  unreasonable or prejudicial to him and
  shall specify the grounds therefor. Such petition may be accompanied  by
  affidavits  or  other written proof and shall demand the relief to which
  the petitioner alleges he is entitled, in the alternative or  otherwise.
  Such  petition  may  be  made  by  any  one  or  more persons jointly or
  severally who shall be aggrieved by any such code, rule or regulation or
  any such determination, order or act whether or not such  petitioner  is
  or  was a party to the proceeding in which such code, rule or regulation
  was adopted by the department or in which such determination or order or
  action was made or taken by the commissioner.
b. A proceeding brought under the provisions of this subdivision  must
  be  instituted by service of the petition and notices of application for
  relief  within  two  months  after  the  action  of  the  department  or
  commissioner  which  is  sought  to  be  reviewed shall become final and
  binding upon the petitioner or the person whom he represents  either  in
  law  or  in  fact;  or, with the permission of the supreme court granted
  within  two  years  in  case  the  petitioner  or  the  person  whom  he
  represented  at  the  time such action became final and binding upon the
  petitioner or such person was under the  age  of  twenty-one  years,  or
  mentally  ill, or imprisoned on a criminal charge, or had been sentenced
  for a term of less than life.
c. In all other respects the procedure prescribed in subdivision 1  of
  this  section  shall  be  applicable  to  a  review provided for in this
  subdivision.