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Law & Regulations
Law | Rules
of Practice | General Regulations
Law
298. Judicial review and enforcement
Any complainant, respondent or other
person aggrieved by an order of the commissioner which is an order after
public hearing, a cease and desist order, an order awarding damages, an
order dismissing a complaint, or by an order of the division which makes
a final disposition of a complaint may obtain judicial review thereof, and
the division may obtain an order of court for its enforcement and for the
enforcement of any order of the commissioner which has not been appealed
to the court, in a proceeding as provided in this section. Such proceeding
shall be brought in the supreme court in the county wherein the unlawful
discriminatory practice which is the subject of the order occurs or wherein
any person required in the order to cease and desist from an unlawful discriminatory
practice or to take other affirmative action resides or transacts business.
Such proceeding shall be initiated by the filing of a notice of petition
and petition in such court. Thereafter, at a time and in a manner to be
specified by rules of court, the division shall file with the court a written
transcript of the record of all prior proceedings. Upon the filing of a
notice of petition and petition, the court shall have jurisdiction of the
proceeding and of the questions determined therein, except that where the
order sought to be reviewed was made as a result of a public hearing held
pursuant to paragraph a of subdivision four of section two hundred ninety
seven of this article, the court shall make an order directing that the
proceeding be transferred for disposition to the appellate division of the
supreme court in the judicial department embracing the county in which the
proceeding was commenced. The court shall have power to grant such temporary
relief or restraining order as it deems just and proper, and to make and
enter upon the pleadings, testimony, and proceedings set forth in such transcript
an order enforcing, modifying, and enforcing as so modified, or setting
aside in whole or in part such order. No objection that has not been urged
in prior proceedings shall be considered by the court, unless the failure
or neglect to urge such objection shall be excused because of extraordinary
circumstances. Any party may move the court to remit the case to the division
in the interests of justice for the purpose of adducing additional specified
and material evidence and seeking findings thereon, provided he or she shows
reasonable grounds for the failure to adduce such evidence in prior proceedings.
The findings of facts on which such order is based shall be conclusive if
supported by sufficient evidence on the record considered as a whole. All
such proceedings shall be heard and determined by the court and any appeal
taken from its judgment or order shall be reviewed by the appropriate appellate
court as expeditiously as possible and with lawful precedence over other
matters. The jurisdiction of the courts over these proceedings, as provided
for herein, shall be exclusive and their judgments and orders shall be final,
subject to appellate review in the same manner and form and with the same
effect as provided for appeals from a judgment in a special proceeding.
The division's copy of the testimony shall be available at all reasonable
times to all parties for examination without cost and for the purposes of
judicial review of such order. Any appeal under this section and any proceeding,
if instituted under article seventy eight of the civil practice law and
rules to which the division or the board is a party shall be heard on the
record without requirement of printing. The division may appear in court
by one of its attorneys. A proceeding under this section when instituted
by any complainant, respondent or other person aggrieved must be instituted
within sixty days after the service of such order.
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