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New York Consolidated Laws

N.Y. Civil Service Law § 213 (2026)

Judicial review and enforcement

✓ current as of May 2026
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§ 213. Judicial review and enforcement. (a) Final orders of the board
made pursuant to this article shall be conclusive 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 or judicial review as hereinafter provided.  Final orders
shall be (i) reviewable under article seventy-eight of the civil
practice law and rules upon petition filed by an aggrieved party within
thirty days after service by registered or certified mail of a copy of
such order upon such party, and (ii) enforceable in a special
proceeding, upon petition of such board, by the supreme court, provided,
however, that an order of the board which determines whether an employer
or employee is subject to this article may be deemed final when made.
  (b) Orders of the board or its agents made pursuant to subdivisions
one and two of section two hundred seven of this chapter shall be
reviewable only in a proceeding brought under article seventy-eight of
the civil practice law and rules to review an order of the board made
pursuant to subdivision three of section two hundred seven of this
chapter.
  (c) 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 section seven thousand
eight hundred three of the civil practice law and rules and thereafter
the proceedings shall be governed by the provisions of article
seventy-eight of the civil practice law and rules that are not
inconsistent herewith, except that if an issue specified in question
four of section seven thousand eight hundred three 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 four of section seven thousand eight hundred
three 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.
  (d) 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.
  (e) The failure to perform the duties required by subdivisions two and
three of section two hundred ten of this chapter and by section two
hundred eleven of this chapter shall be reviewable in a proceeding under
article seventy-eight of the civil practice law and rules by any
taxpayer, as defined in section one hundred two of this chapter. Any
such taxpayer shall also have standing to institute any action described
in subdivisions one and two of section one hundred two of this chapter.
Notes of Decisions
Cited in 29 cases (4 in the last 5 years), 1985–2025 · leading case: Inc. Vill. of Hempstead v. Pub. Emp. Relations Bd., 137 A.D.2d 378 (N.Y. App. Div. 1988).
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Inc. Vill. of Hempstead v. Pub. Emp. Relations Bd., 137 A.D.2d 378 (N.Y. App. Div. 1988). · cites it 4× “Petitioner, nonetheless, contends that the matter is ripe for review, citing Civil Service Law § 213 (a), which provides that: "Orders of [respondent] * * * shall be deemed to be final against all parties * * * unless reversed or modified in proceedings for enforcement or…”
Town of Islip v. New York State Pub. Emp. Relations Bd., 15 N.E.3d 338 (NY 2014). “, 61 AD3d 1231, 1234-1235 [3d Dept 2009] [citations and internal quotation marks omitted]; see Civil Service Law § 213 [d]). Here, PERB’s remedial order requires the Town to “[f]orthwith restore the vehicle assignments for commutation between home and work to those unit members…”
Monroe Cnty. v. New York State Pub. Emp. Relations Bd., 85 A.D.3d 1439 (N.Y. App. Div. 2011). · cites it 2× “PERB counterclaimed seeking enforcement of its remedial order (see Civil Service Law § 213). Upon stipulation of the parties, Supreme Court granted CSEA’s motion to intervene and transferred the matter to this Court (see CPLR 7804 [g]).”
Manhasset Union Free Sch. Dist. v. New York State Pub. Emp. Relations Bd., 61 A.D.3d 1231 (N.Y. App. Div. 2009). “, 116 AD2d 827, 830 [1986]), “[i]t is for the courts to examine the reasonable application of PERB’s remedies” (Matter of Town of Clay v Helsby, 51 AD2d 200, 205 [1976]; see Civil Service Law § 213 [d]). PERB’s order requires petitioner to restore the personnel and facilities of…”
State v. Pub. Emp. Relations Bd., 114 A.D.2d 734 (N.Y. App. Div. 1985). · cites it 3× “PERB and CSEA both moved to dismiss the petitions in both proceedings on the ground that Civil Service Law § 213 (b) precluded judicial review of PERB’s order until it issued an order of certificiation pursuant to Civil Service Law § 207.”
Lippman v. Pub. Emp. Relations Bd., 161 L.R.R.M. (BNA) 3084 (N.Y. App. Div. 1999). “10 [g]); these designations, therefore, were not before respondent (see, Civil Service Law § 213) and are not at issue in this proceeding.”
Hampton Bays Union Free Sch. Dist. v. Pub. Emp. Relations Bd., 62 A.D.3d 1066 (N.Y. App. Div. 2009). “Adjudged that the determination is confirmed, without costs, petition dismissed and the application for enforcement granted. . The record contains an affidavit from this student denying the central allegations outlined in the April 5, 2006 letter and averring that the…”
Matter of Sullivan Cnty. Patrolmen's Benevolent Assn., Inc. v. New York State Pub. Empl. Relations Bd., 2020 NY Slip Op 199 (N.Y. App. Div. 2020). “As pertinent here, an aggrieved party seeking judicial review of a final order issued by PERB must commence a CPLR article 78 proceeding within 30 days after being served with a copy of an order sought to be reviewed ( see Civil Service Law § 213 [a] [i]; Matter of New York…”
Matter of State of New York v. New York State Pub. Empl. Relations Bd., 2020 NY Slip Op 2839 (N.Y. App. Div. 2020). “, 176 AD3d at 1465 [internal quotation marks, brackets and citations omitted]; see Civil Service Law § 213 [d]). Petitioner's remaining contentions have been considered and are unavailing.”
Civil Serv. Employees Ass'n v. New York State Pub. Emp. Relations Bd., 16 A.D.3d 819 (N.Y. App. Div. 2005). “Assuming, without deciding, that PERB’s determination was final for the purpose of Civil Service Law § 213 (a) such that it is reviewable by this Court (see Matter of Westchester County Police Officers Benevolent Assn.”
Naliboff v. Davis, 133 A.D.2d 632 (N.Y. App. Div. 1987). “Subsequently, no appeal was taken from the administrative decision although the petitioners had a right to do so *634 (see, Civil Service Law § 213 [a]). Thus, they are foreclosed from litigating the issue on this appeal.”
Uniformed Firefighters Ass'n v. New York City Off. of Collective Bargaining, 163 A.D.2d 251 (N.Y. App. Div. 1990). “(Civil Service Law § 213 [a]; § 212; Matter of Davis v Anderson, 51 AD2d 528 , lv denied 39 NY2d 707 .”
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