N.Y. Village Law § 2-258: Apportionment of property and obligations of a special district of a town upon the incorporation of a part in a village

§ 2-258 Apportionment of property and obligations of a special

district of a town upon the incorporation of a part in a village. If the

territory so incorporated as a village includes within its boundaries

part of a special district established by the town for a sewer, water,

light, fire, park, health, police or any other special district for

municipal purposes, the proportion of the bonded debt incurred by the

town and payable by a tax against the property within a special

district, for whose benefit the bonds were issued which shall be assumed

by the village and the apportionment of personal and real property

belonging to the special district shall be determined according to the

relative assessed valuation of the personal and real property in that

portion of the special district without the village and that portion

within the village, in the following manner: the town board of the town

when acting as a board for special district exclusive of a member who

may reside in the village or the commissioner or commissioners of a

special district where the special district is managed by a commissioner

or commissioners exclusive of a member who may reside in the village and

the trustees of the village being unable to agree within six months

after the incorporation of the village becomes complete upon the

proportion of the debt and the apportionment of the personal and real

property, then the supreme court shall have power to determine such

division and to enforce such award, division and determination as shall

be made in the premises in a suit in equity to be brought in the name of

either of the said parties.