New York Laws
Article 11 - Fire, Fire Alarm and Fire Protection Districts
171 - Petition and Hearing.

(2) Notwithstanding the provisions of subparagraph one of this
paragraph the state comptroller shall not be precluded from requiring
the submission of additional information or data in such form and detail
as the state comptroller shall deem sufficient or from causing an
investigation to be made with respect to the establishment or extension
of a district or an increase in the maximum amount to be expended.
3. After a hearing held upon notice as hereinbefore provided and upon
the evidence given thereat, the town board or boards shall determine by
resolution:
(a) Whether the petition is signed, and acknowledged or proved, or
authenticated as required by law and is otherwise sufficient;
(b) Whether all the property and property owners within the proposed
district or extension are benefited thereby;
(c) Whether all the property and property owners benefited are
included within the limits of the proposed district or extension;
(d) Whether it is in the public interest to grant in whole or in part
the relief sought.
If the town board shall determine that the petition is not signed, and
acknowledged or proved, or authenticated as required by law or that it
is otherwise insufficient, or if it is determined that it be not in the
public interest to grant in whole or in part the relief sought, the town
board shall deny the petition.
If the town board shall determine that the petition is signed, and
acknowledged or proved, or authenticated as required by law and is
otherwise sufficient and that it is in the public interest to grant the
relief sought, either in whole or in part, but shall find that any part
or portion of the property or property owners within the proposed
district or extension are not benefited thereby or that certain property
or property owners benefited thereby have not been included therein, the
town board shall specify the necessary changes of the boundaries of the
proposed district or extension to be made in order that all of the
property and property owners and only such property and property owners
as are benefited shall be included within such proposed district or
extension, and the board shall call a further hearing at a definite
place and time not less than fifteen nor more than twenty-five days
after such determination. Notice of such further hearing shall be
posted, published and mailed in the manner provided in this section
except that such notice shall also specify the manner in which it is
proposed to alter the boundaries of the proposed district or extension.
Such further hearing shall be conducted in the same manner as an
original hearing upon a petition. If and when the town board shall
determine in the affirmative all of the questions set forth in this
subdivision, the board may adopt a resolution approving the

establishment or extension of the district as the boundaries shall be
finally determined, but no such resolution so approving shall be adopted
unless the petition shall comply with the requirements of this section
as to sufficiency of signers as the boundaries of the proposed district
or extension shall be finally determined.