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

2. If the petitioners in such special proceeding shall substantially
prevail, then the court shall issue an injunction ordering the governing
body to comply with the applicable provisions of this article. If the
governing body violates the injunction, the court shall appoint a
hearing officer pursuant to article forty-three of the civil practice
law and rules to hear and determine an elector initiated dissolution
plan for the entity that complies with the provisions of subdivision two
of section seven hundred eighty-two of this title.

3. The final determination of the judicial hearing officer shall
constitute the final approval of the elector initiated dissolution plan
and provide that such plan takes effect forty-five days after the filing
of such determination, unless a petition for a permissive referendum is
properly filed pursuant to section seven hundred eighty-five of this
title.

4. 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 two of
this section, shall be borne by the local government entity at the rate
provided for in article twenty-two of the judiciary law and regulations
promulgated pursuant thereto.