N.Y. General Municipal Law § 980-h: Publication; filing; judicial review

§ 980-h. Publication; filing; judicial review. (a) The municipal clerk

shall cause a certified copy of the local law of the legislative body

adopted pursuant to the provisions of this article establishing or

extending any district, or increasing the maximum total amount proposed

to be expended for the improvement in any district or extension, or

changing the method of assessment, or authorizing the district to incur

debt to provide for additional improvements or services within the

district, to be duly recorded in the municipal clerk's office within ten

days after such local law becomes effective. When so recorded this local

law shall be presumptive evidence of the regularity of the proceedings

for the establishment or extension of the district, of the proceedings

instituted for the construction of any improvement and of all other

actions taken in relation to it.

(b) Within ten days after the local law becomes effective, the

municipal clerk shall, in addition to any other filing required by law,

cause a certified copy thereof to be filed in the office of the state

comptroller at Albany, New York, and within two weeks thereafter shall

cause a copy of the local law or a summary thereof to be published at

least once in the official paper or newspaper of general circulation in

the municipality.

(c) This local law shall be final and conclusive unless a proceeding

to review is commenced in accordance with this subdivision. Any person

aggrieved by any local law adopted pursuant to this article may seek

judicial review of the local law in the manner provided by article

seventy-eight of the civil practice law and rules, provided the

proceeding is commenced within thirty days from the date of the

publication of the copy or summary of the local law pursuant to

subdivision (b) of this section. No review shall be had unless the

petitioner shall give an undertaking approved by the supreme court, or a

justice thereof, as to form, amount and sufficiency of sureties, that,

in the event of failure to modify the local law he will pay to the

municipality, all costs and expenses as are incurred by it on account of

the proceedings, as shall be determined by the court. In the event that

upon this review there shall be any modification by the court of the

local law, the court shall direct the modification by judgment which

shall be final and conclusive, and the municipal clerk shall cause the

judgment to be recorded and filed in the same places and manner as was

the local law which was modified.