§ 83.00 — Contesting of validity of obligations; substantial compliance

New York § 83.00

• Jurisdiction: New York
• Law LFN: Local Finance
• Title 6: Local Obligations: Estoppel From Contesting Validity Thereof
• Art. 2: Local Indebtedness

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§ 83.00 Contesting of validity of obligations; substantial compliance.\na. If an action, suit or proceeding contesting the validity of the\nobligations authorized by such resolution or certificate is commenced\nwithin twenty days from the date of publication of such resolution,\nsummary of such resolution or certificate together with such notice, the\ncourt in which such action, suit or proceeding is commenced shall\ndetermine whether or not such obligations were authorized for an object\nor purpose for which the municipality, school district or district\ncorporation is authorized to expend money or the provisions of law which\nshould have been complied with were substantially complied with.\n b. The court may determine that the provisions of law which should\nhave been complied with were substantially complied with if:\n 1. They authorized the aggregate amount of obligations authorized by\nsuch resolution or certificate.\n 2. Such resolution was adopted by the required vote of the finance\nboard or such certificate was duly made by such chief fiscal officer.\n 3. Such resolution or the proposition for the expenditure of money for\nthe object or purpose for which such resolution authorizes the issuance\nof obligations, as the case may be, was adopted at the election or\nmeeting, if any, to which it was submitted.\n c. Such determination may be arrived at notwithstanding any\nirregularity or failure to observe a technicality in:\n 1. The form of such proposition, resolution or certificate.\n 2. The notice of the election or meeting to which such proposition or\nresolution was submitted or of the meeting at which the finance board\nadopted such resolution.\n 3. The time or manner of the service or publication of such notice.\n 4. The conduct of the election, meeting or meetings at which such\nproposition or resolution was adopted.\n 5. The submission of such proposition more than once within one year\nor other shorter period than authorized by law.\n 6. Like matters in such proceedings.\n