Section 148. Rehearing and judicial review

1. Any party aggrieved by the
  board's decision denying or granting a  certificate  may  apply  to  the
  board  for  a  rehearing  within  thirty  days  after  issuance  of  the
  aggrieving decision.  Any  such  application  shall  be  considered  and
  decided by the board and any rehearing shall be completed and a decision
  rendered thereon within three months of the expiration of the period for
  filing  rehearing  petitions,  provided however that the board may waive
  the deadline where a rehearing is required if necessary  to  develop  an
  adequate  record.  Thereafter such a party may obtain judicial review of
  such decision as provided in this section. A judicial  proceeding  shall
  be  brought  in the appellate division of the supreme court of the state
  of New York in the judicial department embracing the county wherein  the
  facility  is  to be located or, if the application is denied, the county
  wherein  the  applicant  has  proposed  to  locate  the  facility.  Such
  proceeding  shall be initiated by the filing of a petition in such court
  within thirty days after the issuance of a final decision by  the  board
  upon  the  application for rehearing together with proof of service of a
  demand on the board to  file  with  said  court  a  copy  of  a  written
  transcript  of  the  record  of the proceeding and a copy of the board's
  decision and opinion. The board's copy of said transcript, decision  and
  opinion,  shall  be available at all reasonable times to all parties for
  examination without cost. Upon receipt of such petition and  demand  the
  board  shall  forthwith  deliver to the court a copy of the record and a
  copy of the board's decision and opinion.  Thereupon,  the  court  shall
  have  jurisdiction  of  the proceeding and shall have the power to grant
  such relief as it deems just and proper, and to make and enter an  order
  enforcing, modifying and enforcing as so modified, remanding for further
  specific  evidence or findings or setting aside in whole or in part such
  decision. The appeal shall be heard on the record,  without  requirement
  of reproduction, and upon briefs to the court. No objection that has not
  been  urged  by  the  party  in his application for rehearing before the
  board shall be considered by the court, unless the failure or neglect to
  urge  such  objection  shall  be  excused   because   of   extraordinary
  circumstances.  The  findings  of  fact  on which such decision is based
  shall be conclusive if supported by substantial evidence on  the  record
  considered  as  a  whole and matters of judicial notice set forth in the
  opinion. The jurisdiction of the appellate division of the supreme court
  shall be exclusive and its judgment and order shall be final, subject to
  review by the court of appeals in the same manner and form and with  the
  same  effect  as  provides for appeals in a special proceeding. All such
  proceedings shall be heard and determined by the appellate  division  of
  the  supreme  court  and  by  the  court  of appeals as expeditiously as
  possible and with lawful precedence over all other matters.
    2. The grounds for and scope of review of the court shall  be  limited
  to whether the decision and opinion of the board are:
    (a)  in  conformity  with the constitution of the state and the United
  States; and
    (b) supported by substantial evidence in the  record  and  matters  of
  judicial notice properly considered and applied in the opinion;
    (c) within the board's statutory jurisdiction or authority;
    (d)  made  in  accordance with procedures set forth in this article or
  established by rule or regulation pursuant to this article;
    (e) arbitrary, capricious or an abuse of discretion.
    3. Except as  herein  provided  article  seventy-eight  of  the  civil
  practice law and rules shall apply to appeals taken hereunder.
    * NB Expired January 1, 1989
    * NB Operative with regard to applications filed on or before December
           31, 1988

    * NB There are 2 § 148's