§ 2-208 — Decision to commence village incorporation election

New York § 2-208

• Jurisdiction: New York
• Law VIL: Village
• Art. 2: Incorporation

Text

§ 2-208 Decision to commence village incorporation election. 1. Within\nten days after such hearing is concluded the commission shall determine\nwhether the petition complies with the requirements of this article and\nshall make and sign a decision as to whether a village incorporation\nshall proceed to election. The commission's decision shall be based on\nan evidentiary record consisting of the incorporation petition, the\nstudy and all exhibits and certifications required by section 2-202 of\nthis article, and any objections made pursuant to section 2-206 of this\narticle. If the members of the commission cannot agree, the decision\nshall be deemed to be adverse to the petition. If the decision be\nadverse to the petition, the decision shall contain a brief statement of\nthe reasons on which the adverse decision is based or the reasons on\nwhich the members of the commission determined not to proceed to a\nvillage incorporation election.\n 2. The original copy of the decision, copies of the notice of the\nhearing together with affidavits of posting and publishing same, the\nwritten objections and the minutes of proceedings taken on the hearing\nincluding signed testimony shall be filed by the commission within\nfifteen days after the hearing is concluded, with the town clerk of the\nsame town in which the original copy of the petition was filed and the\nsecretary of the state. Duplicate copies of the said papers shall be\nfiled with the town clerks of all towns in which any part of such\nterritory is located.\n 3. If no proceeding be instituted to review such decision within\nthirty days after such filing of the original copy thereof, the decision\nshall be final and conclusive. In the event that the decision is adverse\nto the petition, a new proceeding for incorporation may be commenced\nimmediately.\n