Legislation
SECTION 246
Proceeding to review decision
Town (TWN) CHAPTER 62, ARTICLE 15
§ 246. Proceeding to review decision. Any person interested who shall
have appeared before the board and made his objections at any hearing
provided for in this statute, and who shall consider himself aggrieved
by any decision or action of the board may commence a proceeding, within
thirty days from the date of such decision or action, in the county or
supreme court for a review of the decision or action of the board, in
the manner provided by article seventy-eight of the civil practice law
and rules. The court may review the action of the board, and if it
decides that any injustice or error has been committed, may annul the
proceedings and direct the board to proceed in the matter de novo, or
may specify the correction which should be made and compel such
correction by the board; and the court may, in its discretion, stay the
proceedings of the board upon motion of the petitioner, and upon such
security or conditions and notice to the board as may seem proper until
the final decision on the petition.
have appeared before the board and made his objections at any hearing
provided for in this statute, and who shall consider himself aggrieved
by any decision or action of the board may commence a proceeding, within
thirty days from the date of such decision or action, in the county or
supreme court for a review of the decision or action of the board, in
the manner provided by article seventy-eight of the civil practice law
and rules. The court may review the action of the board, and if it
decides that any injustice or error has been committed, may annul the
proceedings and direct the board to proceed in the matter de novo, or
may specify the correction which should be made and compel such
correction by the board; and the court may, in its discretion, stay the
proceedings of the board upon motion of the petitioner, and upon such
security or conditions and notice to the board as may seem proper until
the final decision on the petition.