§ 764. Court-ordered consolidation; mediation; judicial hearing
officer. 1. If the governing body or bodies of local government entities
with a duty to prepare and approve a proposed elector initiated
consolidation plan pursuant to section seven hundred sixty of this title
fail to prepare and approve such plan or are otherwise unable or
unwilling to accomplish and complete the consolidation pursuant to the
provisions of this title, then any five electors who signed the petition
seeking consolidation may commence a special proceeding against the
entities pursuant to article seventy-eight of the civil practice law and
rules, in the supreme court within the judicial district in which the
consolidated local government entity or the greater portion of its
territory will be located, to compel compliance with the provisions of
this article.

2. If the court finds that the governing body or bodies attempted in
good faith to prepare and approve a proposed elector initiated
consolidation plan but were nevertheless unsuccessful, then the court
may refer such matter to mediation pursuant to law, with costs of such
mediation to be borne by the entities in such proportion as the court
shall determine based on appropriate factors including population and
the good faith efforts of the respective entities. If the governing body
or bodies thereupon prepare and approve a proposed elector initiated
consolidation plan conforming to the requirements of subdivision two of
section seven hundred sixty of this title, then the provisions of
sections seven hundred sixty-one, seven hundred sixty-two and seven
hundred sixty-three of this title shall apply as if the governing body
or bodies had proposed such plan without the benefit of court-ordered
mediation.

3. In all other cases, if the petitioners in such special proceeding
shall substantially prevail, then the court shall issue an injunction
ordering the governing body or bodies of the local government entities
to comply with the applicable provisions of this article. If the
governing body or bodies shall violate the injunction, then the court
shall appoint a judicial hearing officer pursuant to article forty-three
of the civil practice law and rules to hear and determine an elector
initiated consolidation plan for the entities that complies with the
provisions of subdivision two of section seven hundred sixty of this
title.

4. The final determination of the judicial hearing officer shall
constitute final approval of the elector initiated consolidation plan
and provide such plan takes effect forty five days after the filing of
such determination with the clerk of the court, unless a petition for a
permissive referendum is properly filed pursuant to section seven
hundred sixty-three of this title.

5. In any proceeding pursuant to this section in which the petitioners
substantially prevail, the costs of such proceeding, including the costs
of any judicial hearing officer appointed pursuant to subdivision three
of this section, shall be borne by the local government entities
proportionately, at the rate provided for in article twenty-two of the
judiciary law and regulations promulgated pursuant thereto based on
appropriate factors, including, but not limited to, population and the
court's findings regarding the good faith efforts of the respective
entities.