State Codes and Statutes

Statutes > New-york > Cvs > Article-14 > 213

§ 213. Judicial  review and enforcement. (a) Final orders of the board  made pursuant to this article shall be conclusive against all parties to  its proceedings and persons who have had an opportunity to be parties to  its  proceedings  unless  reversed  or  modified  in   proceedings   for  enforcement  or  judicial  review as hereinafter provided.  Final orders  shall be  (i)  reviewable  under  article  seventy-eight  of  the  civil  practice  law and rules upon petition filed by an aggrieved party within  thirty days after service by registered or certified mail of a  copy  of  such   order  upon  such  party,  and  (ii)  enforceable  in  a  special  proceeding, upon petition of such board, by the supreme court, provided,  however, that an order of the board which determines whether an employer  or employee is subject to this article may be deemed final when made.    (b) Orders of the board or its agents made  pursuant  to  subdivisions  one  and  two  of  section  two  hundred  seven of this chapter shall be  reviewable only in a proceeding brought under article  seventy-eight  of  the  civil  practice  law and rules to review an order of the board made  pursuant to subdivision three of  section  two  hundred  seven  of  this  chapter.    (c)  If  a  proceeding  by  the  board for enforcement of its order is  instituted prior to the expiration of the period within  which  a  party  may  seek judicial review of such order, the respondent may raise in his  answer the questions authorized to be raised by section  seven  thousand  eight  hundred  three of the civil practice law and rules and thereafter  the  proceedings  shall  be  governed  by  the  provisions  of   article  seventy-eight  of  the  civil  practice  law  and  rules  that  are  not  inconsistent herewith, except that if an  issue  specified  in  question  four of section seven thousand eight hundred three of the civil practice  law  and  rules  is  raised,  the  proceeding  shall  be transferred for  disposition to the appellate division of the  supreme  court.  Where  an  issue specified in question four of section seven thousand eight hundred  three  of  the  civil  practice  law  and  rules  is raised, either in a  proceeding to enforce or review an order of  the  board,  the  appellate  division of the supreme court, upon completion of proceedings before it,  shall  remit  a  copy of its judgment or order to the court in which the  proceeding was commenced, which court shall have  the  power  to  compel  compliance with such judgment or order.    (d)  In  a  proceeding to enforce or review an order of the board, the  court shall have power to grant such  temporary  relief  or  restraining  order  as  it deems just and proper, and to make and enter a judgment or  decree enforcing, modifying and enforcing as  so  modified,  or  setting  aside in whole or in part the order of the board.    (e) The failure to perform the duties required by subdivisions two and  three  of  section  two  hundred  ten of this chapter and by section two  hundred eleven of this chapter shall be reviewable in a proceeding under  article seventy-eight of  the  civil  practice  law  and  rules  by  any  taxpayer,  as  defined  in  section one hundred two of this chapter. Any  such taxpayer shall also have standing to institute any action described  in subdivisions one and two of section one hundred two of this chapter.

State Codes and Statutes

Statutes > New-york > Cvs > Article-14 > 213

§ 213. Judicial  review and enforcement. (a) Final orders of the board  made pursuant to this article shall be conclusive against all parties to  its proceedings and persons who have had an opportunity to be parties to  its  proceedings  unless  reversed  or  modified  in   proceedings   for  enforcement  or  judicial  review as hereinafter provided.  Final orders  shall be  (i)  reviewable  under  article  seventy-eight  of  the  civil  practice  law and rules upon petition filed by an aggrieved party within  thirty days after service by registered or certified mail of a  copy  of  such   order  upon  such  party,  and  (ii)  enforceable  in  a  special  proceeding, upon petition of such board, by the supreme court, provided,  however, that an order of the board which determines whether an employer  or employee is subject to this article may be deemed final when made.    (b) Orders of the board or its agents made  pursuant  to  subdivisions  one  and  two  of  section  two  hundred  seven of this chapter shall be  reviewable only in a proceeding brought under article  seventy-eight  of  the  civil  practice  law and rules to review an order of the board made  pursuant to subdivision three of  section  two  hundred  seven  of  this  chapter.    (c)  If  a  proceeding  by  the  board for enforcement of its order is  instituted prior to the expiration of the period within  which  a  party  may  seek judicial review of such order, the respondent may raise in his  answer the questions authorized to be raised by section  seven  thousand  eight  hundred  three of the civil practice law and rules and thereafter  the  proceedings  shall  be  governed  by  the  provisions  of   article  seventy-eight  of  the  civil  practice  law  and  rules  that  are  not  inconsistent herewith, except that if an  issue  specified  in  question  four of section seven thousand eight hundred three of the civil practice  law  and  rules  is  raised,  the  proceeding  shall  be transferred for  disposition to the appellate division of the  supreme  court.  Where  an  issue specified in question four of section seven thousand eight hundred  three  of  the  civil  practice  law  and  rules  is raised, either in a  proceeding to enforce or review an order of  the  board,  the  appellate  division of the supreme court, upon completion of proceedings before it,  shall  remit  a  copy of its judgment or order to the court in which the  proceeding was commenced, which court shall have  the  power  to  compel  compliance with such judgment or order.    (d)  In  a  proceeding to enforce or review an order of the board, the  court shall have power to grant such  temporary  relief  or  restraining  order  as  it deems just and proper, and to make and enter a judgment or  decree enforcing, modifying and enforcing as  so  modified,  or  setting  aside in whole or in part the order of the board.    (e) The failure to perform the duties required by subdivisions two and  three  of  section  two  hundred  ten of this chapter and by section two  hundred eleven of this chapter shall be reviewable in a proceeding under  article seventy-eight of  the  civil  practice  law  and  rules  by  any  taxpayer,  as  defined  in  section one hundred two of this chapter. Any  such taxpayer shall also have standing to institute any action described  in subdivisions one and two of section one hundred two of this chapter.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cvs > Article-14 > 213

§ 213. Judicial  review and enforcement. (a) Final orders of the board  made pursuant to this article shall be conclusive against all parties to  its proceedings and persons who have had an opportunity to be parties to  its  proceedings  unless  reversed  or  modified  in   proceedings   for  enforcement  or  judicial  review as hereinafter provided.  Final orders  shall be  (i)  reviewable  under  article  seventy-eight  of  the  civil  practice  law and rules upon petition filed by an aggrieved party within  thirty days after service by registered or certified mail of a  copy  of  such   order  upon  such  party,  and  (ii)  enforceable  in  a  special  proceeding, upon petition of such board, by the supreme court, provided,  however, that an order of the board which determines whether an employer  or employee is subject to this article may be deemed final when made.    (b) Orders of the board or its agents made  pursuant  to  subdivisions  one  and  two  of  section  two  hundred  seven of this chapter shall be  reviewable only in a proceeding brought under article  seventy-eight  of  the  civil  practice  law and rules to review an order of the board made  pursuant to subdivision three of  section  two  hundred  seven  of  this  chapter.    (c)  If  a  proceeding  by  the  board for enforcement of its order is  instituted prior to the expiration of the period within  which  a  party  may  seek judicial review of such order, the respondent may raise in his  answer the questions authorized to be raised by section  seven  thousand  eight  hundred  three of the civil practice law and rules and thereafter  the  proceedings  shall  be  governed  by  the  provisions  of   article  seventy-eight  of  the  civil  practice  law  and  rules  that  are  not  inconsistent herewith, except that if an  issue  specified  in  question  four of section seven thousand eight hundred three of the civil practice  law  and  rules  is  raised,  the  proceeding  shall  be transferred for  disposition to the appellate division of the  supreme  court.  Where  an  issue specified in question four of section seven thousand eight hundred  three  of  the  civil  practice  law  and  rules  is raised, either in a  proceeding to enforce or review an order of  the  board,  the  appellate  division of the supreme court, upon completion of proceedings before it,  shall  remit  a  copy of its judgment or order to the court in which the  proceeding was commenced, which court shall have  the  power  to  compel  compliance with such judgment or order.    (d)  In  a  proceeding to enforce or review an order of the board, the  court shall have power to grant such  temporary  relief  or  restraining  order  as  it deems just and proper, and to make and enter a judgment or  decree enforcing, modifying and enforcing as  so  modified,  or  setting  aside in whole or in part the order of the board.    (e) The failure to perform the duties required by subdivisions two and  three  of  section  two  hundred  ten of this chapter and by section two  hundred eleven of this chapter shall be reviewable in a proceeding under  article seventy-eight of  the  civil  practice  law  and  rules  by  any  taxpayer,  as  defined  in  section one hundred two of this chapter. Any  such taxpayer shall also have standing to institute any action described  in subdivisions one and two of section one hundred two of this chapter.