§ 786. Court-ordered dissolution; judicial hearing officer. 1. If the\ngoverning body of a local government entity with a duty to prepare and\napprove a proposed elector initiated dissolution plan pursuant to\nsection seven hundred eighty-two of this title fails to prepare and\napprove such plan or is otherwise unable or unwilling to accomplish and\ncomplete the dissolution pursuant to the provisions of this article,\nthen any five electors who signed the petition seeking dissolution may\ncommence a special proceeding against the entity pursuant to article\nseventy-eight of the civil practice law and rules, in the supreme court\nwithin the judicial district in which the entity or the greater portion\nof its territory is located, to compel compliance with the provisions of\nthis article.\n 2. If the petitioners in such special proceeding shall substantially\nprevail, then the court shall issue an injunction ordering the governing\nbody to comply with the applicable provisions of this article. If the\ngoverning body violates the injunction, the court shall appoint a\nhearing officer pursuant to article forty-three of the civil practice\nlaw and rules to hear and determine an elector initiated dissolution\nplan for the entity that complies with the provisions of subdivision two\nof section seven hundred eighty-two of this title.\n 3. The final determination of the judicial hearing officer shall\nconstitute the final approval of the elector initiated dissolution plan\nand provide that such plan takes effect forty-five days after the filing\nof such determination, unless a petition for a permissive referendum is\nproperly filed pursuant to section seven hundred eighty-five of this\ntitle.\n 4. In any proceeding pursuant to this section in which the petitioners\nsubstantially prevail, the costs of such proceeding, including the costs\nof any judicial hearing officer appointed pursuant to subdivision two of\nthis section, shall be borne by the local government entity at the rate\nprovided for in article twenty-two of the judiciary law and regulations\npromulgated pursuant thereto.\n
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