Section 629. Judicial review  


Latest version.
  • 1.  Within fifteen days after receipt of the
      copy of the report containing the  final  decision  of  the  board,  the
      comptroller shall, if in his judgment the award is illegal or excessive,
      notify  the  board  of  his  conclusion,  state  the  reasons  for  that
      conclusion, and provide specific recommendations for modification.  Upon
      receiving such notification, the board shall have  fifteen  days  within
      which  to review and either modify or re-affirm its award. If after such
      modification or reaffirmation the comptroller continues to  adjudge  the
      award  to  be  illegal  or  excessive,  he may within fifteen days after
      receipt of such modification or reaffirmation, commence a proceeding  in
      the appellate division of the supreme court, third department, to review
      the  decision  of the board. Such proceeding shall be heard in a summary
      manner and shall have precedence over all  other  civil  cases  in  such
      court.  Any  claimant  aggrieved  by  a  final decision of the board may
      commence a proceeding  to  review  that  decision  pursuant  to  article
      seventy-eight of the civil practice law and rules.
        2.  Any  such  proceeding  shall be commenced by the service of notice
      thereof upon the claimant and the board in person or by mail.