38 - Court review.

§ 38. Court  review.  Any  person  or  persons,  jointly  or severally  aggrieved by any decision of the planning board concerning such plat  or  the  changing  of  the  zoning regulations of such land, or any officer,  department, board or bureau of the city, may  obtain  a  review  in  the  manner  provided  by  the  civil  practice  law  and  rules provided the  proceeding is commenced within thirty  days  after  the  filing  of  the  decision in the office of the city clerk.    Commencement  of  the  proceeding  shall  stay  proceedings  upon  the  decision appealed from.    The court may reverse or affirm, wholly or partly, or may  modify  the  decision brought up for review.    Costs shall not be allowed against the planning board, unless it shall  appear  to the court that it acted with gross negligence or in bad faith  or with malice in making the decision appealed from.    All issues in any proceeding under this section shall have  preference  over all other civil actions and proceedings.