* § 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