N.Y. General Municipal Law § 786: Court-ordered dissolution; judicial hearing officer

§ 786. Court-ordered dissolution; judicial hearing officer. 1. If the

governing body of a local government entity with a duty to prepare and

approve a proposed elector initiated dissolution plan pursuant to

section seven hundred eighty-two of this title fails to prepare and

approve such plan or is otherwise unable or unwilling to accomplish and

complete the dissolution pursuant to the provisions of this article,

then any five electors who signed the petition seeking dissolution may

commence a special proceeding against the entity pursuant to article

seventy-eight of the civil practice law and rules, in the supreme court

within the judicial district in which the entity or the greater portion

of its territory is located, to compel compliance with the provisions of

this article.

2. If the petitioners in such special proceeding shall substantially

prevail, then the court shall issue an injunction ordering the governing

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

governing body violates the injunction, the court shall appoint a

hearing officer pursuant to article forty-three of the civil practice

law and rules to hear and determine an elector initiated dissolution

plan for the entity that complies with the provisions of subdivision two

of section seven hundred eighty-two of this title.

3. The final determination of the judicial hearing officer shall

constitute the final approval of the elector initiated dissolution plan

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

of such determination, unless a petition for a permissive referendum is

properly filed pursuant to section seven hundred eighty-five of this

title.

4. 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 two of

this section, shall be borne by the local government entity at the rate

provided for in article twenty-two of the judiciary law and regulations

promulgated pursuant thereto.