New York § 2-210 Review of decision

New York Statutes

§ 2-210 — Review of decision

New York § 2-210

Law VILVillage

Art. 2Incorporation

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Bluebook

N.Y. Village § 2-210 (2026).

Text

§ 2-210 Review of decision.

1.The decision of the commission as to\nthe petition and whether a village incorporation shall proceed to\nelection shall be subject to judicial review in accordance with article\nseventy-eight of the civil practice law and rules.\n 2. Such proceeding must be instituted within thirty days after the\nfiling of the original copy of such decision as required by section\n2-208 of this article.\n 3. The proceeding may only be instituted by a resident in a town in\nwhich a part of such territory is located.\n 4. In addition to the requirements of said article seventy-eight:\n a. Notice of such a proceeding in accordance with article\nseventy-eight of the civil practice law and rules shall be given to the\nsecretary and the town clerk of each town in which any

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§ 2-210 Review of decision. 1. The decision of the commission as to\nthe petition and whether a village incorporation shall proceed to\nelection shall be subject to judicial review in accordance with article\nseventy-eight of the civil practice law and rules.\n 2. Such proceeding must be instituted within thirty days after the\nfiling of the original copy of such decision as required by section\n2-208 of this article.\n 3. The proceeding may only be instituted by a resident in a town in\nwhich a part of such territory is located.\n 4. In addition to the requirements of said article seventy-eight:\n a. Notice of such a proceeding in accordance with article\nseventy-eight of the civil practice law and rules shall be given to the\nsecretary and the town clerk of each town in which any part of such\nterritory is located, each of whom shall cause same to be filed in their\noffice.\n b. If the proceeding be brought to review a decision adverse to the\npetition, copies of all papers in connection therewith shall be served\non all persons designated by objectors to the petition pursuant to\nsection 2-204 of this article and on all other objectors who have made\nno such designations and whose objections were submitted in writing and\nsigned. Service shall be sufficient if made either personally or by\ncertified mail with a return receipt.\n c. If the proceeding be brought to review a decision sustaining the\npetition, copies of all papers in connection therewith shall be served\non all persons designated in the petition to receive same.\n d. All persons served pursuant to paragraphs b and c of this\nsubdivision shall be parties to such proceeding under said article\nseventy-eight.\n e. All issues in any proceeding hereunder shall have preference over\nall other civil actions and proceedings.\n 5. The successful party to any such proceeding shall file a certified\ncopy of the decision and order in the office of the clerk of each town\nin which any part of such territory is located and with the secretary of\nstate who shall give notice of the receipt of the decision and order to\nthe commission within three days.\n