N.Y. Town Law § 91: Referendum on petition

§ 91. Referendum on petition. Any such resolution or act of the town

board as set forth in the preceding section shall not take effect until

thirty days after its adoption; nor until approved by the affirmative

vote of a majority of the qualified electors of such town or district

affected, voting on such proposition, if within thirty days after its

adoption there be filed with the town clerk a petition signed, and

acknowledged or proved, or authenticated by electors of the town

qualified to vote upon a proposition to raise and expend money, in

number equal to at least five per centum of the total vote cast for

governor in said town at the last general election held for the election

of state officers, but which shall not be less than one hundred in a

town of the first class nor less than twenty-five in a town of the

second class, protesting against such act or resolution and requesting

that it be submitted to the qualified electors of the town or district

affected, for their approval or disapproval. If such petition be so

filed not more than one hundred five days nor less than ninety days

prior to a biennial town election, a proposition for the approval of

such act or resolution shall be submitted at such biennial town

election. If a petition be so filed at any other time, a proposition for

the approval of such act or resolution shall be submitted at a special

town election to be held not less than ninety nor more than one hundred

five days after the filing of such petition. The petition may be made

upon separate sheets and the signatures to each sheet shall be

authenticated in the manner provided by the election law for the

authentication of nominating petitions. The several sheets so signed and

authenticated when fastened together and offered for filing shall be

deemed to constitute one petition. If, within five days after the filing

of such petition, a written objection thereto be filed with the town

clerk, and a verified petition setting forth the objections be presented

by the person so filing such objections to the supreme court or any

justice thereof of the judicial district in which such town is located,

such court or justice within twenty days shall determine any question

arising thereunder and make such order as justice may require. Such

proceeding shall be heard and determined in the manner prescribed by

section 16-116 of the election law.