§ 195 — Recording of determination; review by certiorari

New York § 195

• Jurisdiction: New York
• Law TWN: Town
• Art. 12: District and Special Improvements

Text

§ 195. Recording of determination; review by certiorari. 1. The town\nclerk shall cause a certified copy of the determination or order of the\ntown board adopted pursuant to the provisions of this article, or\nadopted pursuant to the provisions of article seventeen-A of the general\nmunicipal law, establishing, extending, dissolving or diminishing any\ndistrict, consolidating districts or increasing the maximum amount\nproposed to be expended for the improvement in any district or extension\nthereof, or determining to construct any improvement authorized by this\narticle, to be duly recorded in the office of the clerk of the county in\nwhich the town is located, within ten days after the adoption of such\norder or determination by the town board, and when so recorded such\ndetermination or order shall be presumptive evidence of the regularity\nof the proceedings for the establishment, extension, dissolution or\ndiminution of such district, of the proceedings instituted for the\nconstruction of such improvement and of all other action taken by said\ntown board in relation thereto.\n Within ten days after the adoption of a determination or order by the\ntown board establishing, extending, dissolving or diminishing a\ndistrict, or consolidating districts, the town clerk shall cause a\ncertified copy thereof to be filed in the office of the state department\nof audit and control at Albany, New York.\n 2. Any interested person aggrieved by any final determination or order\nmade pursuant to the provisions of this article may review the same by\ncertiorari provided that the application for such order of certiorari is\nmade within thirty days from the date of the recording of the certified\ncopy of the order or determination in the office of the clerk of the\ncounty. The said determination or order shall be final and conclusive\nunless application has been made for review by certiorari within thirty\ndays from the time of recording thereof. No review shall be had unless\nat the time of the application for a certiorari order the interested\nperson seeking the review shall give an undertaking approved by the\nsupreme court, or a justice thereof, as to form, amount and sufficiency\nsureties, that, in the event of failure to modify said final\ndetermination or order he or they will pay to the town board, all such\ncosts and expenses as are incurred by it on account of the said\ncertiorari proceedings, as shall be determined by the court. In the\nevent that upon such review there shall be any modification by the court\nof said final determination or order the court shall direct the\nmodification thereof by order which shall be final and conclusive and\nsuch town board shall cause such order to be recorded and filed in the\nsame places and manner as was the determination or order appealed from.\n