§ 980-H — Publication; filing; judicial review

§ 980-h. Publication; filing; judicial review. (a) The municipal clerk\nshall cause a certified copy of the local law of the legislative body\nadopted pursuant to the provisions of this article establishing or\nextending any district, or increasing the maximum total amount proposed\nto be expended for the improvement in any district or extension, or\nchanging the method of assessment, or authorizing the district to incur\ndebt to provide for additional improvements or services within the\ndistrict, to be duly recorded in the municipal clerk's office within ten\ndays after such local law becomes effective. When so recorded this local\nlaw shall be presumptive evidence of the regularity of the proceedings\nfor the establishment or extension of the district, of the proceedings\ninstituted for the construction of any improvement and of all other\nactions taken in relation to it.\n (b) Within ten days after the local law becomes effective, the\nmunicipal clerk shall, in addition to any other filing required by law,\ncause a certified copy thereof to be filed in the office of the state\ncomptroller at Albany, New York, and within two weeks thereafter shall\ncause a copy of the local law or a summary thereof to be published at\nleast once in the official paper or newspaper of general circulation in\nthe municipality.\n (c) This local law shall be final and conclusive unless a proceeding\nto review is commenced in accordance with this subdivision. Any person\naggrieved by any local law adopted pursuant to this article may seek\njudicial review of the local law in the manner provided by article\nseventy-eight of the civil practice law and rules, provided the\nproceeding is commenced within thirty days from the date of the\npublication of the copy or summary of the local law pursuant to\nsubdivision (b) of this section. No review shall be had unless the\npetitioner shall give an undertaking approved by the supreme court, or a\njustice thereof, as to form, amount and sufficiency of sureties, that,\nin the event of failure to modify the local law he will pay to the\nmunicipality, all costs and expenses as are incurred by it on account of\nthe proceedings, as shall be determined by the court. In the event that\nupon this review there shall be any modification by the court of the\nlocal law, the court shall direct the modification by judgment which\nshall be final and conclusive, and the municipal clerk shall cause the\njudgment to be recorded and filed in the same places and manner as was\nthe local law which was modified.\n