N.Y. County Law § 280-i: Application to the department of audit and control

§ 280-i. Application to the department of audit and control. Whenever

a resolution approving the establishment of a county district shall have

become effective, the clerk of the governing body shall file an

application in the office of the department of audit and control for

permission to establish the district. Such application shall be executed

and verified by the chairman of the governing body or such other officer

as the governing body may designate and be in such form and contain such

information as may be prescribed by the state comptroller. The state

comptroller may require the submission of additional information or data

in such form and detail as he shall deem sufficient, or may cause an

investigation to be made to aid him in making the determinations below

mentioned. Upon such application and such other information, data and

material which may be submitted, the state comptroller shall determine

whether the public interest will be served by the creation of the

district and also whether the cost thereof will be an undue burden upon

the property of the proposed district. If such resolution shall have

provided for the establishment of zones of assessment and the allocation

of the costs of the facilities as between such zones of assessment, the

state comptroller shall further determine whether the cost of the

facilities allocated to each of said zones of assessment will be an

undue burden upon the property of each proposed zone of assessment.

Upon completion of his examination of the application and

investigation of the project, the state comptroller shall make an order,

in duplicate, granting or denying permission for the establishment of

the district and shall file one copy of such order in the office of the

state department of audit and control at Albany, New York, and the other

in the office of the clerk of the governing body of the county in which

the proposed district is located. The clerk of the governing body shall

present such order to the governing body at the next meeting thereof. If

the state comptroller shall deny permission for the establishment of the

district, no further proceedings shall be taken in the matter. If the

state comptroller shall grant permission for the establishment of the

district, the governing body may adopt an order establishing the

district.