HomeMy WebLinkAboutArticle 7-712 c Zoning.pdf
§ 7-712-c Article seventy-eight proceeding.
1. Application to Supreme Court by aggrieved persons. Any person or
persons, jointly or severally aggrieved by any decision of the board of
appeals or any officer, department, board or bureau of the village, may
apply to the supreme court for review by a proceeding under article
seventy-eight of the civil practice law and rules. Such proceeding shall be
instituted within thirty days after the filing of a decision of the board in the
office of the village clerk.
2. Costs of appeal. Costs shall not be allowed against the board of appeals
unless it shall appear to the court that it acted with loss negligence or in
bad faith or with malice in making the decision appealed from.
3. Reference of appeal to court. All issues in any proceeding under this
section shall have preference over all other civil actions and proceedings.
4. Power of court. If upon the hearing at the supreme court, 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 or her 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 determining all questions which may be presented for
determination.