2013 New York Consolidated Laws
VIL - Village
Article 2 - (2-200 - 2-258) INCORPORATION
2-206 - Proceeding on hearing.

 
    §  2-206 Proceeding on hearing. 1. The supervisor, or supervisors if a
  joint hearing, with whom the petition or  copies  thereof,  were  filed,
  shall meet at the time and place specified in such notice and shall hear
  objections  which  may  be  presented as to the legal sufficiency of the
  petition for incorporation based upon any of the following grounds:
    a. That a person signing such petition was not qualified therefor;
    b. If it is alleged that the petition is submitted on the  basis  that
  the  persons  signing  such  petition  constitute twenty per cent of the
  residents in such territory qualified to vote for officers of a town  in
  which  all or part of such territory is located, that such allegation is
  false;
    c. If it is alleged that the petition is submitted on the  basis  that
  the  persons  signing  such  petition  are the owners of more than fifty
  percent in assessed valuation of the real property in such territory  or
  in full valuation of the real property in each part of each town in such
  territory  and  computed  separately for each such part, as the case may
  be, assessed upon the last completed assessment roll  or  rolls  of  the
  town  or  towns  in which all or part of such territory is located, that
  such allegation is false;
    d. That such territory is part of a city or village;
    e. That if such territory is less than an  entire  town,  it  contains
  more  than  five  square  miles and the limits of such territory are not
  coterminous with  the  entire  boundaries  of  one  school,  fire,  fire
  protection,  fire  alarm,  town special or town improvement district and
  the limits of such territory are  not  coterminous  with  parts  of  the
  boundaries  of  more than one school, fire, fire protection, fire alarm,
  town special or town improvement  district,  all  of  which  are  wholly
  contained within such limits and within one town;
    f.  That such territory does not contain a population of at least five
  hundred regular inhabitants;
    g. That the petition in any other specified respect does  not  conform
  to the requirements of this article.
    2.  The  supervisor  of the town in which the entire territory, or the
  greatest portion of such territory is located shall conduct the hearing.
    3. All objections must be  in  writing  and  signed  by  one  or  more
  residents qualified to vote for town offices a town in which all or part
  of  such  territory  of the proposed village is located. Testimony as to
  objections may be taken at the hearing which shall be reduced to writing
  and subscribed by those testifying. The burden of proof shall be on  the
  objectors.  All  written  objections  and signed testimony shall clearly
  state the name and address of the objector.
    4. The hearing may be adjourned but must be  concluded  within  twenty
  days from the date fixed in the notice of hearing.