N.Y. Town Law § 209-g: Recording of determination; review by certiorari

§ 209-g. Recording of determination; review by certiorari. 1. The town

clerk shall cause a certified copy of the final order of the town board

adopted pursuant to the provisions of this article, establishing or

extending any district, 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 or extension 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 the final order by the town

board establishing or extending a district, 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 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 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 a proceeding

to review is commenced within thirty days from the time of recording

thereof. 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 said final determination or order he will pay to the town

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

the said 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 judgment which shall be final and conclusive and

such town board shall cause such judgment to be recorded and filed in

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

from.