§ 15-0905. Review.

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Terms Used In N.Y. Environmental Conservation Law 15-0905

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Person: means any individual, firm, co-partnership, association or corporation other than the state and a "public corporation. See N.Y. Environmental Conservation Law 15-0107

1. The applicant or any person or public corporation, who or which has filed a notice of appearance in the proceedings before the department and is affected by a decision made pursuant to this article, may review such decision under the provisions of article 78 of the Civil Practice Law and Rules.

2. A special proceeding for such review must be commenced within sixty days after the service in person or by mail of a copy of the decision upon the attorney of record of the applicant and of each person who has filed a notice of appearance, or to such applicant in person directly if not represented by an attorney.

3. In the event that upon such review, the judgment of the court modifies the decision of the department or any accompanying documents or maps, the department shall cause such judgment to be filed or recorded, as the case may be, in each place where the final decision of the department was filed and recorded, and such modified maps and documents shall be final and conclusive.