Section 26-411. Judicial review

a. (1) Any person who is aggrieved by the
  final determination  of  the  city  rent  agency  in  an  administrative
  proceeding  protesting  a  regulation  or  order  of such agency may, in
  accordance with article seventy-eight of  the  civil  practice  law  and
  rules, within sixty days after such determination, commence a proceeding
  in  the  supreme court. The petition shall specify his or her objections
  and pray that the regulation or order protested be enjoined or set aside
  in whole or in part. Such proceeding may at the option of the petitioner
  be instituted in the county where the city rent agency has its principal
  office or where the property is located. The city rent agency shall file
  with such court the original or a transcript of  such  portions  of  the
  proceedings  in  connection with its final determination as are material
  under the petition. Such return shall include a statement setting forth,
  so far as practicable, the economic data and other facts  of  which  the
  city  rent  agency  has  taken  official notice. Upon the filing of such
  petition the court shall have jurisdiction to set aside  the  regulation
  or  order protested, in whole or in part, to dismiss the petition, or to
  remit the proceeding to the city rent agency,  provided,  however,  that
  the  regulation  or  order may be modified or rescinded by the city rent
  agency at any time notwithstanding the pendency of such  proceeding  for
  review.
    (2)  No  objection  to  such  regulation  or order, and no evidence in
  support of any objection thereto, shall  be  considered  by  the  court,
  unless  such objection shall have been presented to the city rent agency
  by the petitioner in the proceedings resulting in the  determination  or
  unless such evidence shall be contained in the return. If application is
  made  to  the  court  by  either party for leave to introduce additional
  evidence which was either offered and not admitted or  which  could  not
  reasonably  have been offered or included in such proceedings before the
  city rent agency, and the court determines that such evidence should  be
  admitted, the court shall order the evidence to be presented to the city
  rent  agency.  The city rent agency shall promptly receive the same, and
  such other evidence as the city rent agency deems necessary  or  proper,
  and  thereupon  the  city  rent  agency  shall  file  with the court the
  original or a transcript thereof  and  any  modification  made  in  such
  regulation  or  order as a result thereof; except that on request by the
  city rent agency, any such evidence shall be presented directly  to  the
  court.  Upon final determination of the proceeding before the court, the
  original record, if filed by the city rent agency with the court,  shall
  be returned to the city rent agency.
    b. No regulation or order of the city rent agency shall be enjoined or
  set aside, in whole or in part, unless the petitioner shall establish to
  the  satisfaction  of  the  court that the regulation or order is not in
  accordance with law, or is arbitrary or capricious. The effectiveness of
  an order of the court enjoining or setting aside, in whole or  in  part,
  any  such regulation or order shall be postponed until the expiration of
  thirty days from the entry thereof.  The  jurisdiction  of  the  supreme
  court  shall  be  exclusive  and  its  order  dismissing the petition or
  enjoining or setting aside such regulation or  order,  in  whole  or  in
  part, shall be final, subject to review by the appellate division of the
  supreme  court  and the court of appeals in the same manner and form and
  with the same effect as provided in the civil practice law and rules for
  appeals from a final order in a special proceeding. Notwithstanding  any
  provision  of  paragraph one of subdivision (b) of section five thousand
  seven hundred one of the civil practice law and rules to  the  contrary,
  any  order of the court remitting the proceeding to the city rent agency
  may, at the election of the city rent agency, be subject  to  review  by
  the  appellate division of the supreme court and the court of appeals in

  the same manner and form and with the same effect  as  provided  in  the
  civil practice law and rules for appeals from a final order in a special
  proceeding.  All  such  proceedings shall be heard and determined by the
  court  and  by any appellate court as expeditiously as possible and with
  lawful precedence over other matters. All such  proceedings  for  review
  shall  be  heard  on  the  petition, manuscript and other papers, and on
  appeal shall be heard on the record, without requirement of printing.
    c. Within thirty days after arraignment, or such  additional  time  as
  the  court  may  allow for good cause shown, in any criminal proceeding,
  and within five days after judgment in any civil or criminal proceeding,
  brought pursuant to subdivision ten of section one of the state enabling
  act or section 26-413 of this chapter involving alleged violation of any
  provision of any regulation or  order  of  the  city  rent  agency,  the
  defendant  may apply to the court in which the proceeding is pending for
  leave to file in the supreme court a petition setting  forth  objections
  to  the validity of any provision which the defendant is alleged to have
  violated or conspired to violate. The court in which the  proceeding  is
  pending  shall  grant  such leave with respect to any objection which it
  finds is made in good faith and with respect to which it finds there  is
  reasonable and substantial excuse for the defendant's failure to present
  such  objection  in  an  administrative  proceeding before the city rent
  agency. Upon the filing of a petition pursuant to and within thirty days
  from  the  granting  of  such  leave,  the  supreme  court  shall   have
  jurisdiction to enjoin or set aside in whole or in part the provision of
  the  regulation  or  order complained of or to dismiss the petition. The
  court may authorize the introduction of evidence,  either  to  the  city
  rent  agency  or directly to the court, in accordance with subdivision a
  of this section. The provisions of subdivision b of this  section  shall
  be  applicable  with respect to any proceedings instituted in accordance
  with this subdivision.
    d. In any proceeding brought pursuant to subdivision  ten  of  section
  one  of  the  state  enabling  act  or  section  26-413  of this chapter
  involving an alleged violation of any provision of any  such  regulation
  or order, the court shall stay the proceeding:
    (1)  During  the  period  within  which a petition may be filed in the
  supreme court pursuant to leave granted  under  subdivision  c  of  this
  section with respect to such provision;
    (2)  During  the  pendency of any protest properly filed under section
  26-410 of this chapter prior to the institution of the proceeding  under
  subdivision  ten  of  section  one  of the state enabling act or section
  26-413 of this chapter, setting forth objections to the validity of such
  provision which the court finds to have been made in good faith; and
    (3) During the pendency of any judicial proceeding instituted  by  the
  defendant  under this section with respect to such protest or instituted
  by the defendant under subdivision c of this  section  with  respect  to
  such  provision,  and  until  the expiration of the time allowed in this
  section for the taking of further proceedings with respect thereto.
    e. Notwithstanding the provisions of subdivision d  of  this  section,
  stays  shall  be  granted  thereunder  in  civil  proceedings only after
  judgment and upon application made  within  five  days  after  judgment.
  Notwithstanding  the provisions of subdivision d of this section, in the
  case of a proceeding under paragraph (a) of subdivision ten  of  section
  one of the state enabling act or subdivision a of section 26-413 of this
  chapter,  the  court granting a stay under subdivision d of this section
  shall issue a temporary injunction or  restraining  order  enjoining  or
  restraining,  during the period of the stay, violations by the defendant
  of any provision of the regulation or order involved in the  proceeding.
  If any provision of a regulation or order is determined to be invalid by

  judgment  of  the supreme court which has become effective in accordance
  with subdivision b of this section, any proceeding pending in any  court
  shall  be dismissed, and any judgment in such proceeding vacated, to the
  extent  that such proceeding or judgment is based upon violation of such
  provision. Except as provided in subdivisions c and d  of  this  section
  and  as  heretofore  provided in this subdivision e, the pendency of any
  protest under section 26-410 of this chapter before the city rent agency
  or judicial proceeding under this section,  shall  not  be  grounds  for
  staying  any  proceeding  brought pursuant to subdivision ten of section
  one of the state enabling act or section 26-413 of  this  chapter;  nor,
  except  as  provided in this subdivision e, shall any retroactive effect
  be given to any judgment setting aside a provision of  a  regulation  or
  order.
    f.  The  method  prescribed  herein  for  the  judicial  review  of  a
  regulation or order of the city rent agency shall be exclusive.