N.Y. Vill. Law § 2-210
Review of decision
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2025
As of January 1, 2015
§ 2-210 Review of decision. 1. The decision of the supervisor or\nsupervisors as to the legal sufficiency of the petition shall be subject\nto judicial review in the manner provided in article seventy-eight of\nthe civil practice law and rules. Such proceeding may be brought on the\nground or grounds that said decision is illegal, based on insufficient\nevidence, or contrary to the weight of evidence. If the court determines\nthat additional testimony or evidence is necessary for the proper\ndisposition of the matter it may take such evidence or testimony or\nappoint a referee to take such evidence or testimony as it may direct\nand report the same to the court with his findings of fact and\nconclusions of law which shall constitute a part of the proceeding upon\nwhich the determination of the court shall be made. The court may\nreverse or affirm on the basis of law and fact as determined by the\ncourt.\n 2. Such proceeding must be instituted within thirty days after the\nfiling of the original copy of such decision as required by section\n2-208 of this article.\n 3. The proceeding may only be instituted by a resident in a town in\nwhich a part of such territory is located.\n 4. In addition to the requirements of said article seventy-eight:\n a. Notice of such a proceeding shall be given to the town clerk of\neach town in which any part of such territory is located. He shall cause\nsame to be filed in his office.\n b. If the proceeding be brought to review a decision adverse to the\npetition, copies of all papers in connection therewith shall be served\non all persons designated by objectors to the petition pursuant to\nsection 2-204 of this article and on all other objectors who have made\nno such designations and whose objections were submitted in writing and\nsigned. Service shall be sufficient if made either personally or by\ncertified mail with a return receipt.\n c. If the proceeding be brought to review a decision sustaining the\npetition, copies of all papers in connection therewith shall be served\non all persons designated in the petition to receive same.\n d. All persons served pursuant to paragraphs b and c of this\nsubdivision shall be parties to such proceeding under said article\nseventy-eight.\n e. All issues in any proceeding hereunder shall have preference over\nall other civil actions and proceedings.\n 5. The successful party to any such proceeding shall file a certified\ncopy of the decision and order in the office of the clerk of each town\nin which any part of such territory is located.\n
§ 2-210 Review of decision. 1. The decision of the commission as to\nthe petition and whether a village incorporation shall proceed to\nelection shall be subject to judicial review in accordance with article\nseventy-eight of the civil practice law and rules.\n 2. Such proceeding must be instituted within thirty days after the\nfiling of the original copy of such decision as required by section\n2-208 of this article.\n 3. The proceeding may only be instituted by a resident in a town in\nwhich a part of such territory is located.\n 4. In addition to the requirements of said article seventy-eight:\n a. Notice of such a proceeding in accordance with article\nseventy-eight of the civil practice law and rules shall be given to the\nsecretary and the town clerk of each town in which any part of such\nterritory is located, each of whom shall cause same to be filed in their\noffice.\n b. If the proceeding be brought to review a decision adverse to the\npetition, copies of all papers in connection therewith shall be served\non all persons designated by objectors to the petition pursuant to\nsection 2-204 of this article and on all other objectors who have made\nno such designations and whose objections were submitted in writing and\nsigned. Service shall be sufficient if made either personally or by\ncertified mail with a return receipt.\n c. If the proceeding be brought to review a decision sustaining the\npetition, copies of all papers in connection therewith shall be served\non all persons designated in the petition to receive same.\n d. All persons served pursuant to paragraphs b and c of this\nsubdivision shall be parties to such proceeding under said article\nseventy-eight.\n e. All issues in any proceeding hereunder shall have preference over\nall other civil actions and proceedings.\n 5. The successful party to any such proceeding shall file a certified\ncopy of the decision and order in the office of the clerk of each town\nin which any part of such territory is located and with the secretary of\nstate who shall give notice of the receipt of the decision and order to\nthe commission within three days.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.