Statute · New York General City Law
N.Y. Gen. City Law § 38 — Court review
N.Y. Gen. City Law § 38
- Type
- Statute
- Source
- New York General City Law
- Jurisdiction
- New York
- Current through
- Nov 5, 2026 (NY Senate Open Legislation)
§ 38. Court review. Any person or persons, jointly or severally aggrieved by any decision of the planning board concerning such plat or the changing of the zoning regulations of such land, or any officer, department, board or bureau of the city, may obtain a review in the manner provided by the…
Citator
N.Y. Gen. City Law § 38 — Court review is in force in the current edition of the Code, and nothing recorded condemns it.
§ 38. Court review. Any person or persons, jointly or severally aggrieved by any decision of the planning board concerning such plat or the changing of the zoning regulations of such land, or any officer, department, board or bureau of the city, may obtain a review in the manner provided by the civil practice law and rules provided the proceeding is commenced within thirty days after the filing of the decision in the office of the city clerk.
Commencement of the proceeding shall stay proceedings upon the decision appealed from.
The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
Costs shall not be allowed against the planning board, unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
All issues in any proceeding under this section shall have preference over all other civil actions and proceedings.