Statutes


State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Twn > Article-16 > 282

§  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.