2019 New York Laws
GMU - General Municipal
Article 19-A - Business Improvement Districts
980-H - Publication; Filing; Judicial Review.

§ 980-h. Publication; filing; judicial review. (a) The municipal clerk
shall  cause  a  certified copy of the local law of the legislative body
adopted pursuant to the  provisions  of  this  article  establishing  or
extending  any district, or increasing the maximum total amount proposed
to be expended for the improvement in  any  district  or  extension,  or
changing  the method of assessment, or authorizing the district to incur
debt to provide for  additional  improvements  or  services  within  the
district, to be duly recorded in the municipal clerk's office within ten
days after such local law becomes effective. When so recorded this local
law  shall  be presumptive evidence of the regularity of the proceedings
for the establishment or extension of the district, of  the  proceedings
instituted  for  the  construction  of  any improvement and of all other
actions taken in relation to it.
  (b) Within ten  days  after  the  local  law  becomes  effective,  the
municipal  clerk shall, in addition to any other filing required by law,
cause a certified copy thereof to be filed in the office  of  the  state
comptroller  at  Albany, New York, and within two weeks thereafter shall
cause a copy of the local law or a summary thereof to  be  published  at
least  once in the official paper or newspaper of general circulation in
the municipality.
  (c) This local law shall be final and conclusive unless  a  proceeding
to  review  is commenced in accordance with this subdivision. Any person
aggrieved by any local law adopted pursuant to  this  article  may  seek
judicial  review  of  the  local  law  in the manner provided by article
seventy-eight  of  the  civil  practice  law  and  rules,  provided  the
proceeding  is  commenced  within  thirty  days  from  the  date  of the
publication of the  copy  or  summary  of  the  local  law  pursuant  to
subdivision  (b)  of  this  section.  No  review shall be had unless the
petitioner shall give an undertaking approved by the supreme court, or a
justice thereof, as to form, amount and sufficiency of  sureties,  that,
in  the  event  of  failure  to  modify the local law he will pay to the
municipality, all costs and expenses as are incurred by it on account of
the proceedings, as shall be determined by the court. In the event  that
upon  this  review  there  shall be any modification by the court of the
local law, the court shall direct the  modification  by  judgment  which
shall  be  final and conclusive, and the municipal clerk shall cause the
judgment to be recorded and filed in the same places and manner  as  was
the local law which was modified.