N.Y. Village Law § 2-208: Decision to commence village incorporation election

§ 2-208 Decision to commence village incorporation election. 1. Within

ten days after such hearing is concluded the commission shall determine

whether the petition complies with the requirements of this article and

shall make and sign a decision as to whether a village incorporation

shall proceed to election. The commission's decision shall be based on

an evidentiary record consisting of the incorporation petition, the

study and all exhibits and certifications required by section 2-202 of

this article, and any objections made pursuant to section 2-206 of this

article. If the members of the commission cannot agree, the decision

shall be deemed to be adverse to the petition. If the decision be

adverse to the petition, the decision shall contain a brief statement of

the reasons on which the adverse decision is based or the reasons on

which the members of the commission determined not to proceed to a

village incorporation election.

2. The original copy of the decision, copies of the notice of the

hearing together with affidavits of posting and publishing same, the

written objections and the minutes of proceedings taken on the hearing

including signed testimony shall be filed by the commission within

fifteen days after the hearing is concluded, with the town clerk of the

same town in which the original copy of the petition was filed and the

secretary of the state. Duplicate copies of the said papers shall be

filed with the town clerks of all towns in which any part of such

territory is located.

3. If no proceeding be instituted to review such decision within

thirty days after such filing of the original copy thereof, the decision

shall be final and conclusive. In the event that the decision is adverse

to the petition, a new proceeding for incorporation may be commenced

immediately.