N.Y. Village Law § 2-210: Review of decision

§ 2-210 Review of decision. 1. The decision of the commission as to

the petition and whether a village incorporation shall proceed to

election shall be subject to judicial review in accordance with article

seventy-eight of the civil practice law and rules.

2. Such proceeding must be instituted within thirty days after the

filing of the original copy of such decision as required by section

2-208 of this article.

3. The proceeding may only be instituted by a resident in a town in

which a part of such territory is located.

4. In addition to the requirements of said article seventy-eight:

a. Notice of such a proceeding in accordance with article

seventy-eight of the civil practice law and rules shall be given to the

secretary and the town clerk of each town in which any part of such

territory is located, each of whom shall cause same to be filed in their

office.

b. If the proceeding be brought to review a decision adverse to the

petition, copies of all papers in connection therewith shall be served

on all persons designated by objectors to the petition pursuant to

section 2-204 of this article and on all other objectors who have made

no such designations and whose objections were submitted in writing and

signed. Service shall be sufficient if made either personally or by

certified mail with a return receipt.

c. If the proceeding be brought to review a decision sustaining the

petition, copies of all papers in connection therewith shall be served

on all persons designated in the petition to receive same.

d. All persons served pursuant to paragraphs b and c of this

subdivision shall be parties to such proceeding under said article

seventy-eight.

e. All issues in any proceeding hereunder shall have preference over

all other civil actions and proceedings.

5. The successful party to any such proceeding shall file a certified

copy of the decision and order in the office of the clerk of each town

in which any part of such territory is located and with the secretary of

state who shall give notice of the receipt of the decision and order to

the commission within three days.