Legislation
SECTION 2-210
Review of decision
Village (VIL) CHAPTER 64, ARTICLE 2
§ 2-210 Review of decision. 1. The decision of the commission as to
the petition and whether a village incorporation shall proceed to
election shall be subject to judicial review in accordance with article
seventy-eight of the civil practice law and rules.
2. Such proceeding must be instituted within thirty days after the
filing of the original copy of such decision as required by section
2-208 of this article.
3. The proceeding may only be instituted by a resident in a town in
which a part of such territory is located.
4. In addition to the requirements of said article seventy-eight:
a. Notice of such a proceeding in accordance with article
seventy-eight of the civil practice law and rules shall be given to the
secretary and the town clerk of each town in which any part of such
territory is located, each of whom shall cause same to be filed in their
office.
b. If the proceeding be brought to review a decision adverse to the
petition, copies of all papers in connection therewith shall be served
on all persons designated by objectors to the petition pursuant to
section 2-204 of this article and on all other objectors who have made
no such designations and whose objections were submitted in writing and
signed. Service shall be sufficient if made either personally or by
certified mail with a return receipt.
c. If the proceeding be brought to review a decision sustaining the
petition, copies of all papers in connection therewith shall be served
on all persons designated in the petition to receive same.
d. All persons served pursuant to paragraphs b and c of this
subdivision shall be parties to such proceeding under said article
seventy-eight.
e. All issues in any proceeding hereunder shall have preference over
all other civil actions and proceedings.
5. The successful party to any such proceeding shall file a certified
copy of the decision and order in the office of the clerk of each town
in which any part of such territory is located and with the secretary of
state who shall give notice of the receipt of the decision and order to
the commission within three days.
the petition and whether a village incorporation shall proceed to
election shall be subject to judicial review in accordance with article
seventy-eight of the civil practice law and rules.
2. Such proceeding must be instituted within thirty days after the
filing of the original copy of such decision as required by section
2-208 of this article.
3. The proceeding may only be instituted by a resident in a town in
which a part of such territory is located.
4. In addition to the requirements of said article seventy-eight:
a. Notice of such a proceeding in accordance with article
seventy-eight of the civil practice law and rules shall be given to the
secretary and the town clerk of each town in which any part of such
territory is located, each of whom shall cause same to be filed in their
office.
b. If the proceeding be brought to review a decision adverse to the
petition, copies of all papers in connection therewith shall be served
on all persons designated by objectors to the petition pursuant to
section 2-204 of this article and on all other objectors who have made
no such designations and whose objections were submitted in writing and
signed. Service shall be sufficient if made either personally or by
certified mail with a return receipt.
c. If the proceeding be brought to review a decision sustaining the
petition, copies of all papers in connection therewith shall be served
on all persons designated in the petition to receive same.
d. All persons served pursuant to paragraphs b and c of this
subdivision shall be parties to such proceeding under said article
seventy-eight.
e. All issues in any proceeding hereunder shall have preference over
all other civil actions and proceedings.
5. The successful party to any such proceeding shall file a certified
copy of the decision and order in the office of the clerk of each town
in which any part of such territory is located and with the secretary of
state who shall give notice of the receipt of the decision and order to
the commission within three days.