Section 298. Judicial review and enforcement  


Latest version.
  • Any complainant, respondent
      or other person aggrieved by an order of the commissioner  which  is  an
      order  after public hearing, a cease and desist order, an order awarding
      damages, an order dismissing a complaint, or by an order of the division
      which makes a final disposition  of  a  complaint  may  obtain  judicial
      review  thereof,  and  the division may obtain an order of court for its
      enforcement and for the enforcement of any  order  of  the  commissioner
      which has not been appealed to the court, in a proceeding as provided in
      this  section.  Such proceeding shall be brought in the supreme court in
      the county wherein the unlawful discriminatory  practice  which  is  the
      subject  of the order occurs or wherein any person required in the order
      to cease and desist from an unlawful discriminatory practice or to  take
      other  affirmative action resides or transacts business. Such proceeding
      shall be initiated by the filing of a notice of petition and petition in
      such court.  Thereafter, at a time and in a manner to  be  specified  by
      rules  of  court,  the  division  shall  file  with  the court a written
      transcript of the record of all prior proceedings. Upon the filing of  a
      notice  of  petition  and petition, the court shall have jurisdiction of
      the proceeding and of the  questions  determined  therein,  except  that
      where  the  order sought to be reviewed was made as a result of a public
      hearing held pursuant to paragraph a of subdivision four of section  two
      hundred  ninety-seven  of  this  article,  the court shall make an order
      directing that the proceeding be  transferred  for  disposition  to  the
      appellate  division  of  the  supreme  court  in the judicial department
      embracing the county in which the proceeding was  commenced.  The  court
      shall  have power to grant such temporary relief or restraining order as
      it deems just and proper, and to make  and  enter  upon  the  pleadings,
      testimony,  and  proceedings  set  forth  in  such  transcript  an order
      enforcing, modifying, and enforcing as so modified, or setting aside  in
      whole  or  in  part  such order. No objection that has not been urged in
      prior proceedings shall be considered by the court, unless  the  failure
      or   neglect  to  urge  such  objection  shall  be  excused  because  of
      extraordinary circumstances. Any party may move the court to  remit  the
      case  to  the  division  in  the interests of justice for the purpose of
      adducing additional specified and material evidence and seeking findings
      thereon, provided he or she shows reasonable grounds for the failure  to
      adduce  such  evidence  in  prior  proceedings. The findings of facts on
      which such order is based shall be conclusive if supported by sufficient
      evidence on the record considered as a whole. All such proceedings shall
      be heard and determined by the court  and  any  appeal  taken  from  its
      judgment  or  order shall be reviewed by the appropriate appellate court
      as expeditiously as possible  and  with  lawful  precedence  over  other
      matters.  The  jurisdiction  of  the  courts  over these proceedings, as
      provided for herein, shall be exclusive and their judgments  and  orders
      shall  be final, subject to appellate review in the same manner and form
      and with the same effect as provided for appeals from a  judgment  in  a
      special  proceeding.  The  division's  copy  of  the  testimony shall be
      available at all reasonable times to all parties for examination without
      cost and for the purposes of judicial review of such order.  Any  appeal
      under  this  section  and  any  proceeding,  if instituted under article
      seventy-eight of the civil practice law and rules to which the  division
      or the board is a party shall be heard on the record without requirement
      of printing. The division may appear in court by one of its attorneys. A
      proceeding  under  this  section  when  instituted  by  any complainant,
      respondent or other person aggrieved must  be  instituted  within  sixty
      days after the service of such order.