2006 New York Code - Appeal To County Judge.



 
    § 3814. Appeal  to county judge.  1. Whenever any officer mentioned in
  section  thirty-eight  hundred  twelve  shall  have  complied  with  the
  provisions  of such section and the meeting shall have refused to direct
  the trustees or board of education to levy a tax for the payment of  the
  costs,   charges  and  expenses  claimed  by  him,  such  officer  shall
  immediately give notice to such meeting  that  he  will  appeal  to  the
  county  judge  of  the county in which such district is located from the
  refusal of said meeting to vote a tax for the payment of such claim.
    2. Within ten days after the refusal of  the  meeting  to  allow  such
  claim  such  officer  shall  serve upon the clerk of the district or, if
  there be no district clerk, upon the town clerk of the town, an itemized
  statement of his claim, duly verified, together with  a  written  notice
  that on a certain day named therein such officer will present such claim
  to the county judge for settlement.
    3. The clerk upon whom such notice and claim are served shall file the
  same  in  his  office  and such notice and claim shall be subject to the
  inspection of any of the inhabitants of the school district.
    4. The meeting at which notice of the intention  of  such  officer  to
  appeal  to the county judge is given or any subsequent district meeting,
  duly called, may appoint one  or  more  of  the  legal  voters  of  such
  district  or  authorize  the  trustee  or  board  of education to employ
  counsel to appear before the county  judge  at  the  time  fixed  for  a
  hearing  on  such claim and protect the rights of the district upon such
  settlement.  The expenses incurred in the performance of this duty shall
  be a charge upon the district and the trustees  or  board  of  education
  upon a presentation of the account of such expenses with proper vouchers
  therefor  shall pay the same from any available funds in the district or
  include the necessary amount in  a  tax  list  to  be  levied  upon  the
  district.
    5.  A  refusal  of the trustees or board of education to levy such tax
  for the payment of such expenses shall be subject to an  appeal  to  the
  commissioner of education.

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