§ 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 count 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 pan. 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 pan, 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may be modified or rescinded by the city rent agency at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.
Added by Laws 1985, Ch. 907, § 1, eff. Sept. 1, 1986.