N.Y. General Municipal Law § 764: Court-ordered consolidation; mediation; judicial hearing officer

§ 764. Court-ordered consolidation; mediation; judicial hearing

officer. 1. If the governing body or bodies of local government entities

with a duty to prepare and approve a proposed elector initiated

consolidation plan pursuant to section seven hundred sixty of this title

fail to prepare and approve such plan or are otherwise unable or

unwilling to accomplish and complete the consolidation pursuant to the

provisions of this title, then any five electors who signed the petition

seeking consolidation may commence a special proceeding against the

entities pursuant to article seventy-eight of the civil practice law and

rules, in the supreme court within the judicial district in which the

consolidated local government entity or the greater portion of its

territory will be located, to compel compliance with the provisions of

this article.

2. If the court finds that the governing body or bodies attempted in

good faith to prepare and approve a proposed elector initiated

consolidation plan but were nevertheless unsuccessful, then the court

may refer such matter to mediation pursuant to law, with costs of such

mediation to be borne by the entities in such proportion as the court

shall determine based on appropriate factors including population and

the good faith efforts of the respective entities. If the governing body

or bodies thereupon prepare and approve a proposed elector initiated

consolidation plan conforming to the requirements of subdivision two of

section seven hundred sixty of this title, then the provisions of

sections seven hundred sixty-one, seven hundred sixty-two and seven

hundred sixty-three of this title shall apply as if the governing body

or bodies had proposed such plan without the benefit of court-ordered

mediation.

3. In all other cases, if the petitioners in such special proceeding

shall substantially prevail, then the court shall issue an injunction

ordering the governing body or bodies of the local government entities

to comply with the applicable provisions of this article. If the

governing body or bodies shall violate the injunction, then the court

shall appoint a judicial hearing officer pursuant to article forty-three

of the civil practice law and rules to hear and determine an elector

initiated consolidation plan for the entities that complies with the

provisions of subdivision two of section seven hundred sixty of this

title.

4. The final determination of the judicial hearing officer shall

constitute final approval of the elector initiated consolidation plan

and provide such plan takes effect forty five days after the filing of

such determination with the clerk of the court, unless a petition for a

permissive referendum is properly filed pursuant to section seven

hundred sixty-three of this title.

5. In any proceeding pursuant to this section in which the petitioners

substantially prevail, the costs of such proceeding, including the costs

of any judicial hearing officer appointed pursuant to subdivision three

of this section, shall be borne by the local government entities

proportionately, at the rate provided for in article twenty-two of the

judiciary law and regulations promulgated pursuant thereto based on

appropriate factors, including, but not limited to, population and the

court's findings regarding the good faith efforts of the respective

entities.