2013 New York Consolidated Laws
VIL - Village
Article 2 - (2-200 - 2-258) INCORPORATION
2-210 - Review of decision.

 
    §  2-210  Review  of  decision.  1.  The decision of the supervisor or
  supervisors as to the legal sufficiency of the petition shall be subject
  to judicial review in the manner provided in  article  seventy-eight  of
  the  civil practice law and rules. Such proceeding may be brought on the
  ground or grounds that said decision is illegal, based  on  insufficient
  evidence, or contrary to the weight of evidence. If the court determines
  that  additional  testimony  or  evidence  is  necessary  for the proper
  disposition of the matter it may take  such  evidence  or  testimony  or
  appoint  a  referee  to take such evidence or testimony as it may direct
  and report the  same  to  the  court  with  his  findings  of  fact  and
  conclusions  of law which shall constitute a part of the proceeding upon
  which the determination of the  court  shall  be  made.  The  court  may
  reverse  or  affirm  on  the  basis of law and fact as determined by the
  court.
    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 shall be given to the town clerk of
  each town in which any part of such territory is located. He shall cause
  same to be filed in his 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.