N.Y. Education Law § 1509: Hearing of objections to order for alteration without consent

§ 1509. Hearing of objections to order for alteration without consent.

1. Within ten days after making and filing such order the district

superintendent shall give at least a week's notice in writing to the

trustees of all districts affected by the proposed alterations, that at

a specified time, and at a named place within the town in which one of

the districts to be affected lies, he will hear the objections to the

alteration.

2. The trustees of any district to be affected by such order may

request the supervisor and town clerk of each of the towns, within which

such districts shall wholly or partly lie, to join with the district

superintendent as a local board.

3. At the time and place mentioned in the notice, such superintendent,

with the supervisors and town clerks, if they shall attend and act,

shall hear and decide the matter, and the decision shall be final unless

duly appealed from. Such decision must either affirm or vacate such

order, and must be filed with and recorded by the town clerk of the town

in which the property to be transferred shall lie, and a tie vote shall

be regarded a decision for the purposes of an appeal on the merits.

Upon such appeal the commissioner of education may affirm, modify or

vacate the order of the district superintendent or the action of the

local board.

4. A supervisor and town clerk shall be entitled each to one dollar

and fifty cents a day for each day's service in any proceeding under

this section, to be levied and paid as a charge upon their town.