Section 9. JUDICIAL REVIEW.
1. Any person who is aggrieved by the final determination of a
protest 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 court
praying that the regulation or order protested be enjoined
or set aside in whole or in part. Such proceeding may at the
option of the petitioner be instituted in the county where
the commission has its principal office or where the
property is located. The answer shall include a statement
setting forth, so far as practicable, the economic data and
other facts of which the commission has taken official
notice. Upon the filing of such petition the court shall
have jurisdiction to set aside such regulation or order, in
whole or in part, to dismiss the petition, or to remit the
proceeding to the commission; provided, however, that the
regulation or order may be modified or rescinded by the
commission at any time notwithstanding the pendency of such
proceeding for review. 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 set forth by the petitioner in the protest
or 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
commission, and the court determines that such evidence
should be admitted, the court shall order the evidence to be
presented to the commission. The commission shall promptly
receive the same, and such other evidence as the commission
deems necessary or proper, and thereupon the commission
shall file with the court the original or a transcript
thereof and any modification made in regulation or order as
a result thereof; except that on request by the commission,
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 commission with the
court, shall be returned to the commission.
2. No such regulation or order 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 by law for appeals from
a judgment in a special proceeding. Notwithstanding any
provision of section thirteen hundred four of the civil
practice act to the contrary, any order of the court
remitting the proceeding to the commission may, at the
election of the commission, 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 act 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, transcript and other
papers, and on appeal shall be heard on the record, without
requirement of printing.
3. (a) 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 section eleven involving alleged
violation of any provision of any regulation or order,
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 a
protest filed in accordance with section eight. 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
commission or directly to the court, in accordance with
subdivision one of this section. The provisions of
subdivision two of this section shall be applicable
with respect to any proceedings instituted in
accordance with this subdivision.
(b) In any proceeding brought pursuant to section eleven of
this act 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 paragraph (a) of this subdivision
with respect to such provision;
(2) during the pendency of any protest properly filed
by the defendant under section eight prior to the
institution of the proceeding under section eleven
of this act, 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 paragraph (a) of this subdivision
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.
(c) Notwithstanding the provisions of paragraph (b) of this
subdivision, stays shall be granted thereunder in civil
proceedings only after judgment and upon application
made within five days after judgment. Notwithstanding
the provisions of paragraph (b) of this subdivision, in
the case of a proceeding under subdivision one of
section eleven the court granting a stay under
paragraph (b) of this subdivision 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 two 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
this subdivision, the pendency of any protest under
section eight, or judicial proceeding under this
section, shall not be grounds for staying any
proceeding brought pursuant to section eleven; nor,
except as provided in this subdivision, shall any
retroactive effect be given to any judgment setting
aside a provision of a regulation or order.
4. The method prescribed herein for the judicial review of a
regulation or order shall be exclusive.