§ 16-9. Judicial review and enforcement., Chapter 16. Employee Organizations, Code of Ordinances, North Hempstead

Orders of the Public Employment Relations Board of the Town of North Hempstead made pursuant to this chapter shall be deemed to be final against all parties to its proceedings and persons who have had an opportunity to be parties to its proceedings unless reversed or modified in proceedings for enforcement of judicial review as hereinafter provided. Such orders shall be reviewable under Article 78 of the Civil Practice Law and Rules upon petition filed by an aggrieved party within thirty (30) days after service by registered or certified mail of a copy of such order upon such party, and enforceable in a special proceeding, upon petition of such Board, by the Supreme Court.

[Amended 11-29-1977 by L.L. No. 9, 1977]

Orders of the Board or its agents made pursuant to § 16-5A and B of this chapter shall be reviewable only in a proceeding brought under Article 78 of the Civil Practice Law and Rules to review an order of the Board made pursuant to § 16-5C of this chapter.

[Amended 11-29-1977 by L.L. No. 9, 1977]

If a proceeding by the Board for enforcement of its order is instituted prior to the expiration of the period within which a party may seek judicial review of such order, the respondent may raise in his answer the questions authorized to be raised by § 7803 of the Civil Practice Law and Rules and thereafter the proceedings shall be governed by the provisions of Article 78 of the Civil Practice Law and Rules that are not inconsistent herewith, except that if an issue specified in Question 4 of § 7803 of the Civil Practice Law and Rules is raised, the proceeding shall be transferred for disposition to the Appellate Division of the Supreme Court. Where an issue specified in Question 4 of § 7803 of the Civil Practice Law and Rules is raised, either in a proceeding to enforce or review an order of the Board, the Appellate Division of the Supreme Court, upon completion of proceedings before it, shall remit a copy of its judgment or order to the court in which the proceeding was commenced, which court shall have the power to compel compliance with such judgment or order.

In a proceeding to enforce or review an order of the Board, the court shall have power to grant such temporary relief or restraining order as it deems just and proper and to make and enter a judgment or decree enforcing, modifying and enforcing as so modified or setting aside in whole or in part the order of the Board.

The failure to perform the duties required by § 16-8B and C of this chapter and by § 211 of the Civil Service Law shall be reviewable in a proceeding under Article 78 of the Civil Practice Law and Rules by any taxpayer, as defined in § 102 of the Civil Service Law. Any such taxpayer shall also have standing to institute any action described in Subdivisions 1 and 2 of § 102 of the Civil Service Law.

[Amended 11-29-1977 by L.L. No. 9, 1977]

Editor's Note: The amendment of 9-28-1971 provided for the redesignation of former § 16-8D to become § 16-9 and the redesignation of former § 16-9 to become § 16-11.