N.Y. Public Service Law Section 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

Source: Section 146 — Judicial review, https://www.­nysenate.­gov/legislation/laws/PBS/146 (updated Jun. 21, 2024; accessed Jul. 20, 2024).

Accessed:
Jul. 20, 2024

Last modified:
Jun. 21, 2024

§ 146’s source at nysenate​.gov

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