§ 226. Persons aggrieved; right to hearing; rehearing; appeals. Any person aggrieved by any order or decision provided for in this article, or made pursuant thereto, and who was a party to such proceeding, may within thirty days after the service of such order or decision, apply for a hearing on the subject matter thereof or, in case a hearing was had prior to the making of any such order or decision, for a rehearing thereon upon notice and such hearing or rehearing shall be granted or denied by the commissioner within thirty days after the filing of the application therefor and upon such hearing or rehearing such order or decision shall be set aside, modified or affirmed. Any person aggrieved by any order or decision provided for in this article, or made pursuant thereto, and who was a party to such proceeding, may within sixty days after the service of such decision or order appeal therefrom to the appellate division of the supreme court in the department in which such grade crossing is located, and to the court of appeals, in the same manner and with like effect as is provided in the case of appeals from an order of the supreme court.

Terms Used In N.Y. Transportation Law 226

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  Previous section
Next section  
 Article 10 Contents