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NEW YORK STATUTES AND CODES

282 - Court review.

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§282.Courtreview.Anypersonor persons, jointly or severallyaggrieved by any decision of the planning board concerning such platorthechangingofthezoning regulations of such land, or any officer,department, board or bureau of the town, may have the decisionreviewedby a special term of the supreme court in the manner provided by articleseventy-eight ofthecivilpracticelawandrulesprovidedtheproceeding is commenced within thirtydaysafterthefilingofthedecision in the office of the town clerk.Commencementoftheproceedingshallstayproceedingsuponthedecision appealed from.If, upon the hearing, it shall appear to the court thattestimonyisnecessary for the proper disposition of the matter, it may take evidenceorappointa referee to take such evidence as it may direct and reportthe same to the court with his findings of fact and conclusions oflaw,whichshallconstituteapartoftheproceedingsuponwhich thedetermination of the court shall bemade.Thecourtmayreverseoraffirm,whollyorpartly,ormay modify the decision brought up forreview.Costs shall not be allowed against the planning board, unless it shallappear to the court that it acted with gross negligence or in badfaithor with malice in making the decision appealed from.Allissues in any proceeding under this section shall have preferenceover all other civil actions and proceedings.
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  • § 282. Court review. Any person or persons, jointly or severally aggrieved by any decision of the planning board concerning such plat or the changing of the zoning regulations of such land, or any officer, department, board or bureau of the town, may have the decision reviewed by a special term of the supreme court in the manner provided by article seventy-eight of the civil practice law and rules provided the proceeding is commenced within thirty days after the filing of the decision in the office of the town clerk. Commencement of the proceeding shall stay proceedings upon the decision appealed from. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the planning board, unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from. All issues in any proceeding under this section shall have preference over all other civil actions and proceedings.

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