§ 764 — Court-ordered consolidation; mediation; judicial hearing officer

§ 764. Court-ordered consolidation; mediation; judicial hearing\nofficer. 1. If the governing body or bodies of local government entities\nwith a duty to prepare and approve a proposed elector initiated\nconsolidation plan pursuant to section seven hundred sixty of this title\nfail to prepare and approve such plan or are otherwise unable or\nunwilling to accomplish and complete the consolidation pursuant to the\nprovisions of this title, then any five electors who signed the petition\nseeking consolidation may commence a special proceeding against the\nentities pursuant to article seventy-eight of the civil practice law and\nrules, in the supreme court within the judicial district in which the\nconsolidated local government entity or the greater portion of its\nterritory will be located, to compel compliance with the provisions of\nthis article.\n 2. If the court finds that the governing body or bodies attempted in\ngood faith to prepare and approve a proposed elector initiated\nconsolidation plan but were nevertheless unsuccessful, then the court\nmay refer such matter to mediation pursuant to law, with costs of such\nmediation to be borne by the entities in such proportion as the court\nshall determine based on appropriate factors including population and\nthe good faith efforts of the respective entities. If the governing body\nor bodies thereupon prepare and approve a proposed elector initiated\nconsolidation plan conforming to the requirements of subdivision two of\nsection seven hundred sixty of this title, then the provisions of\nsections seven hundred sixty-one, seven hundred sixty-two and seven\nhundred sixty-three of this title shall apply as if the governing body\nor bodies had proposed such plan without the benefit of court-ordered\nmediation.\n 3. In all other cases, if the petitioners in such special proceeding\nshall substantially prevail, then the court shall issue an injunction\nordering the governing body or bodies of the local government entities\nto comply with the applicable provisions of this article. If the\ngoverning body or bodies shall violate the injunction, then the court\nshall appoint a judicial hearing officer pursuant to article forty-three\nof the civil practice law and rules to hear and determine an elector\ninitiated consolidation plan for the entities that complies with the\nprovisions of subdivision two of section seven hundred sixty of this\ntitle.\n 4. The final determination of the judicial hearing officer shall\nconstitute final approval of the elector initiated consolidation plan\nand provide such plan takes effect forty five days after the filing of\nsuch determination with the clerk of the court, unless a petition for a\npermissive referendum is properly filed pursuant to section seven\nhundred sixty-three of this title.\n 5. In any proceeding pursuant to this section in which the petitioners\nsubstantially prevail, the costs of such proceeding, including the costs\nof any judicial hearing officer appointed pursuant to subdivision three\nof this section, shall be borne by the local government entities\nproportionately, at the rate provided for in article twenty-two of the\njudiciary law and regulations promulgated pursuant thereto based on\nappropriate factors, including, but not limited to, population and the\ncourt's findings regarding the good faith efforts of the respective\nentities.\n