N.Y. Vill. Law § 2-210

§ 2-210 Review of decision. 1. The decision of the village\nincorporation commission established pursuant to section 2-259 of this\narticle as to whether a village incorporation shall proceed to election\nshall be subject to judicial review in the manner provided in article\nseventy-eight of the civil practice law and rules. Such proceeding may\nbe brought on the ground or grounds that said decision is illegal, based\non insufficient evidence, or contrary to the weight of evidence. If the\ncourt determines that additional testimony or evidence is necessary for\nthe proper disposition of the matter it may take such evidence or\ntestimony or appoint a referee to take such evidence or testimony as it\nmay direct and report the same to the court with his findings of fact\nand conclusions of law which shall constitute a part of the proceeding\nupon which 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