Section 24-1105. Judicial review

1.  The institution of a judicial proceeding to review a determination
  or order of the commissioner or  local  government  shall  preclude  the
  institution   of  a  proceeding  before  the  board  to  review  such  a
  determination or order. The availability of such  review  by  the  board
  shall  not  affect  the  right  of  any  person  to  seek  review  of  a
  determination of the commissioner or local  government  as  provided  in
  article  seventy-eight  of  the  civil  practice  law and rules, and the
  limitations upon the  availability  of  such  remedy  as  prescribed  in
  section  seventy-eight  hundred  one of the civil practice law and rules
  shall not be applicable to applications for review of determinations and
  orders made pursuant to this article.
    2. Any determination, decision or order of the board pursuant to  this
  title  may  be  judicially reviewed pursuant to article seventy-eight of
  the civil practice law and rules in the supreme court for the county  in
  which  the  freshwater wetlands affected are located, within thirty days
  after the date of the filing of the determination, decision or order  of
  such  board  with  the  clerk  of  the  county  in which such wetland is
  located.  The board shall be represented by the  attorney  general  upon
  commencement  of  such  judicial  review;  provided,  however,  that  in
  instances  in  which  the   attorney   general   determines   that   its
  representation  of  the  department or any other department or bureau of
  the state raises a conflict of interest, the board  may  be  represented
  either by counsel to the board or by outside counsel.