N.Y. General Municipal Law § 705: Hearing

§ 705. Hearing. 1. Such governing boards shall meet at the time and

place specified in such notice or amended and republished notice. The

members of the participating boards shall agree on the selection of one

of their members to preside at such meeting and in the event no such

agreement is reached, he shall be chosen by lot. Such governing boards

shall hear any testimony and receive evidence and information which may

be presented concerning the petition and the question of whether the

annexation is in the over-all public interest, including but not limited

to testimony, evidence and information concerning the following:

a. That a person signing the petition is not qualified therefor, or

b. With respect to a petition, other than one purporting to be signed

by owners of a majority of the assessed valuation of real property, that

the persons signing such petition do not constitute twenty per centum of

the persons residing within such territory qualified to vote for

officers of the city, town or village, as the case may be, in which the

territory is situated, or

c. With respect to a petition, other than one purporting to be signed

by at least twenty per centum of persons qualified to vote for local

officers, that the persons signing such petition do not represent the

owners of a majority in assessed valuation of the real property in such

territory assessed upon the last preceding assessment roll of, or

utilized by, the local government or governments in which the territory

is situated, or

d. That the petition does not otherwise substantially comply in form

or content with the provisions of this article, or

e. That the proposed annexation is or is not in the over-all public

interest (1) of the territory proposed to be annexed, or (2) of the

local government or governments to which the territory is proposed to be

annexed, or (3) of the remaining area of the local government or

governments in which such territory is situated, or (4) of any school

district, fire district or other district corporation, public benefit

corporation, fire protection district, fire alarm district or town or

county improvement district, situated wholly or partly in the territory

proposed to be annexed.

2. Objections based on any of the grounds set forth in paragraphs a,

b, c or d of subdivision one of this section shall, in addition to the

presentation of any oral testimony thereon, be submitted in writing and

placed on file with the boards holding such hearing and made a part of

the record thereof. Any oral testimony presented at such hearing

relating to the grounds set forth in paragraph e of subdivision one of

this section shall be reduced to writing and shall be a part of the

record of such hearing. The hearing may be adjourned, but must be

concluded within ten days after the date fixed in the notice. The cost

of providing such record shall be shared by the affected local

governments equally or on the basis of any equitable method or formula

agreed upon by their governing boards.

3. In the event that the governing board of an affected local

government does not participate in such hearing, the governing board or

boards of the other affected local government or governments shall have

power to conduct such hearing without the participation of such former

governing board.