(a) In conformity with the constitution, laws and regulations of the
state and the United States;
(b) Supported by substantial evidence in the record and matters of
judicial notice properly considered and applied in the opinion;
(c) Within the board's statutory jurisdiction or authority;
(d) Made in accordance with procedures set forth in this article or
established by rule or regulation pursuant to this article;
(e) Arbitrary, capricious or an abuse of discretion; or
(f) Made pursuant to a process that afforded meaningful involvement of
citizens affected by the facility regardless of age, race, color,
national origin and income.
3. Except as herein provided article seventy-eight of the civil
practice law and rules shall apply to appeals taken hereunder.
Structure New York Laws
Article 10 - Siting of Major Electric Generating Facilities
161 - General Provisions Relating to the Board.
163 - Pre-Application Procedures.
164 - Application for a Certificate.
166 - Parties to a Certification Proceeding.
169 - Opinion to Be Issued With Decision.
170 - Rehearing and Judicial Review.