24-1105 - Judicial review. - New York Statutes

§ 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.