§ 209-g. Recording of determination; review by certiorari. 1. The town\nclerk shall cause a certified copy of the final order of the town board\nadopted pursuant to the provisions of this article, establishing or\nextending any district, or increasing the maximum amount proposed to be\nexpended for the improvement in any district or extension thereof, or\ndetermining to construct any improvement authorized by this article, to\nbe duly recorded in the office of the clerk of the county in which the\ntown is located, within ten days after the adoption of such order or\ndetermination by the town board, and when so recorded such determination\nor order shall be presumptive evidence of the regularity of the\nproceedings for the establishment or extension of such district, of the\nproceedings instituted for the construction of such improvement and of\nall other action taken by said town board in relation thereto.\n Within ten days after the adoption of the final order by the town\nboard establishing or extending a district, the town clerk shall cause a\ncertified copy thereof to be filed in the office of the state department\nof audit and control at Albany, New York.\n 2. Any interested person aggrieved by any final determination or order\nmade pursuant to the provisions of this article may review the same in\nthe manner provided by article seventy-eight of the civil practice law\nand rules provided the proceeding is commenced within thirty days from\nthe date of the recording of the certified copy of the order or\ndetermination in the office of the clerk of the county. The said\ndetermination or order shall be final and conclusive unless a proceeding\nto review is commenced within thirty days from the time of recording\nthereof. No review shall be had unless the petitioner shall give an\nundertaking approved by the supreme court, or a justice thereof, as to\nform, amount and sufficiency of sureties, that, in the event of failure\nto modify said final determination or order he will pay to the town\nboard, all such costs and expenses as are incurred by it on account of\nthe said proceedings, as shall be determined by the court. In the event\nthat upon such review there shall be any modification by the court of\nsaid final determination or order the court shall direct the\nmodification thereof by judgment which shall be final and conclusive and\nsuch town board shall cause such judgment to be recorded and filed in\nthe same places and manner as was the determination or order appealed\nfrom.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.