N.Y. Town Law § 195: Recording of determination; review by certiorari

§ 195. Recording of determination; review by certiorari. 1. The town

clerk shall cause a certified copy of the determination or order of the

town board adopted pursuant to the provisions of this article, or

adopted pursuant to the provisions of article seventeen-A of the general

municipal law, establishing, extending, dissolving or diminishing any

district, consolidating districts or increasing the maximum amount

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

thereof, or determining to construct any improvement authorized by this

article, to be duly recorded in the office of the clerk of the county in

which the town is located, within ten days after the adoption of such

order or determination by the town board, and when so recorded such

determination or order shall be presumptive evidence of the regularity

of the proceedings for the establishment, extension, dissolution or

diminution of such district, of the proceedings instituted for the

construction of such improvement and of all other action taken by said

town board in relation thereto.

Within ten days after the adoption of a determination or order by the

town board establishing, extending, dissolving or diminishing a

district, or consolidating districts, the town clerk shall cause a

certified copy thereof to be filed in the office of the state department

of audit and control at Albany, New York.

2. Any interested person aggrieved by any final determination or order

made pursuant to the provisions of this article may review the same by

certiorari provided that the application for such order of certiorari is

made within thirty days from the date of the recording of the certified

copy of the order or determination in the office of the clerk of the

county. The said determination or order shall be final and conclusive

unless application has been made for review by certiorari within thirty

days from the time of recording thereof. No review shall be had unless

at the time of the application for a certiorari order the interested

person seeking the review shall give an undertaking approved by the

supreme court, or a justice thereof, as to form, amount and sufficiency

sureties, that, in the event of failure to modify said final

determination or order he or they will pay to the town board, all such

costs and expenses as are incurred by it on account of the said

certiorari proceedings, as shall be determined by the court. In the

event that upon such review there shall be any modification by the court

of said final determination or order the court shall direct the

modification thereof by order which shall be final and conclusive and

such town board shall cause such order to be recorded and filed in the

same places and manner as was the determination or order appealed from.