N.Y. General Municipal Law § 711: Determination after hearing

§ 711. Determination after hearing. 1. Within ninety days after the

hearing held pursuant to section seven hundred five of this article is

concluded, the governing board of each affected local government shall

determine by a majority vote of its total voting strength whether the

petition or joint resolution to initiate annexation complies with the

provisions of this article and whether, on the basis of considerations

including but not limited to those relating to the effects upon (a) the

territory proposed to be annexed, (b) the local government or

governments to which the territory is proposed to be annexed, (c) the

remaining area of the local government or governments in which the

territory is situated and (d) 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 such territory, it is in the over-all

public interest to approve such proposed annexation.

2. a. At such time, each such governing board shall adopt a resolution

which shall include findings with respect to compliance of the petition

or joint resolution to initiate annexation, with the provisions of this

article and with respect to the effect of such proposed annexation on

the over-all public interest. In the case of a governing board which has

executed any agreement described in subdivision two of section seven

hundred seven or subdivision two of section seven hundred eight of this

article relating to the assumption of indebtedness or other liabilities

or the disposition of property rights in the event of annexation, its

findings with respect to the effect of such annexation on the over-all

public interest shall be based on and include the terms and conditions

of such agreement to the extent applicable. Where no agreement as

described herein governs the assumption of indebtedness or other

liabilities or the disposition of property, such findings shall be based

on and include provisions concerning such assumption or disposition

prescribed in subdivision one of section seven hundred seven or

subdivision one of section seven hundred eight of this article, as the

case may be.

b. Each such board shall thereupon make and sign a written order

accordingly containing its determination and file copies thereof,

together with copies of the agreement, if any, the petition or joint

resolution to initiate annexation, the notice, the written objections,

if any, and testimony and minutes of proceedings taken and kept on the

hearing, in the offices of the clerks of all the affected local

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

government does not make, sign and file a written order as required by

this section, such governing board shall be deemed to have approved the

proposed annexation as of the expiration of the ninety-day period

provided in subdivision one of this section.

3. A determination of a governing board of an affected local

government concerning a matter described in paragraphs a, b, c or d of

subdivision one of section seven hundred five of this article shall be

subject to judicial review as provided in article seventy-eight of the

civil practice law and rules except that it must be instituted as

therein provided within thirty days after the filing of such order as

required by subdivision two of this section.

4. If the governing boards of all the affected local governments shall

determine either that it is or that it is not in the over-all public

interest to approve the proposed annexation, such determination shall be

final and conclusive.

5. If any of such governing boards, but not all, shall determine that

it is not in the over-all public interest to approve the proposed

annexation, certified copies of the respective orders of such boards, in

addition to being filed as provided in subdivision two of this section,

shall also be filed in the office of the county clerk of each county in

which the territory proposed to be annexed is situated.