Legislation
SECTION 15-0905
Review
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 9
§ 15-0905. Review.
1. The applicant or any person or public corporation, who or which has
filed a notice of appearance in the proceedings before the department
and is affected by a decision made pursuant to this article, may review
such decision under the provisions of article 78 of the Civil Practice
Law and Rules.
2. A special proceeding for such review must be commenced within sixty
days after the service in person or by mail of a copy of the decision
upon the attorney of record of the applicant and of each person who has
filed a notice of appearance, or to such applicant in person directly if
not represented by an attorney.
3. In the event that upon such review, the judgment of the court
modifies the decision of the department or any accompanying documents or
maps, the department shall cause such judgment to be filed or recorded,
as the case may be, in each place where the final decision of the
department was filed and recorded, and such modified maps and documents
shall be final and conclusive.
1. The applicant or any person or public corporation, who or which has
filed a notice of appearance in the proceedings before the department
and is affected by a decision made pursuant to this article, may review
such decision under the provisions of article 78 of the Civil Practice
Law and Rules.
2. A special proceeding for such review must be commenced within sixty
days after the service in person or by mail of a copy of the decision
upon the attorney of record of the applicant and of each person who has
filed a notice of appearance, or to such applicant in person directly if
not represented by an attorney.
3. In the event that upon such review, the judgment of the court
modifies the decision of the department or any accompanying documents or
maps, the department shall cause such judgment to be filed or recorded,
as the case may be, in each place where the final decision of the
department was filed and recorded, and such modified maps and documents
shall be final and conclusive.