Section 12-308. Judicial review and enforcement of a final order of the board of collective bargaining or the board of certification  


Latest version.
  • a.  Any  order  of  the board of collective bargaining or the board of
      certification shall be (1) 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 (2) enforceable by  the  supreme
      court  in a special proceeding, upon petition of the board of collective
      bargaining, board of certification or any aggrieved party.
        b. 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
      or  her  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.
        c. 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.