§ 712. Adjudication and determination in the supreme court. 1. In the\nevent that one or more but not all of the governing boards of the\naffected local governments shall determine that it is not in the\nover-all public interest to approve the proposed annexation, the\ngoverning board of any other affected local government may apply to the\nappellate division of the supreme court for adjudication and\ndetermination, on the law and facts, of the issue of whether the\nproposed annexation is in the over-all public interest.\n 2. A proceeding brought under this section shall be a special\nproceeding and, except as otherwise provided herein, shall be governed\nby the provisions of article four of the civil practice law and rules.\nSuch proceeding shall be brought in the judicial district embracing any\ncounty in which all or part of the territory proposed to be annexed is\nlocated, within thirty days after the filing in the office of the county\nclerk of the order by which such determination was made.\n 3. The appellate division may stay or transfer and consolidate with\nthe proceeding brought pursuant to subdivision one of this section any\nother proceeding brought against one of the parties pursuant to the\nprovisions of article seventy-eight of the civil practice law and rules\nconcerning a matter described in paragraphs a, b, c or d of subdivision\none of section seven hundred five of this article and pending in any\ncourt.\n 4. Notwithstanding the provisions of section four hundred one of the\ncivil practice law and rules or any other general or special law, after\na proceeding is commenced pursuant to subdivision one of this section,\nintervention in such proceeding shall be allowed the following parties\nas a matter of right provided they shall have appeared formally at the\nhearing held pursuant to section seven hundred five of this article:\n a. Any school district, fire district or other district corporation,\npublic benefit corporation (where a majority of the governing board of\nsuch public benefit corporation is appointed by an officer or board of\none or more of the affected local governments), or town or county\nimprovement district, situated wholly or partly in the territory\nproposed to be annexed.\n b. Any owner of taxable property located in the territory proposed to\nbe annexed.\n 5. In the event of default in appearance of all necessary respondents\nand failure to intervene on the part of any party described in\nsubdivision four of this section no triable issue of fact shall be\ndeemed to have been raised, and the court may make a summary\ndetermination upon the pleadings and record.\n 6. The court, by order of reference, shall designate three referees,\none of whom shall be either a justice of the supreme court or a retired\njustice of the supreme court or any judge temporarily assigned to the\nsupreme court, to hear and report to the court after a trial conducted\nin the same manner as a court trying an issue without a jury. The\nprovisions of article forty-four of the civil practice law and rules\napplicable to trial by the court shall apply to a reference pursuant to\nthis section.\n 7. In order that the issues in such proceeding may be determined in\nadvance so far as practicable and that the parties may be encouraged to\nstipulate and agree on questions of law and fact which may not be in\ndispute, a pre-trial conference shall be held by one or more of the\nreferees so designated. At such pre-trial conference, upon such terms as\nin his or their discretion may seem proper, the referee or referees\nholding such pre-trial conference may:\n a. Direct pre-trial disclosure of evidence and discovery and\ninspection of books, records and documents;\n b. Permit the taking of depositions for use at the trial;\n c. Limit or restrict the number of experts to be heard as witnesses;\n d. Clarify and define the issues to be tried.\n 8. Before the case is finally submitted to the referees the parties\nshall
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