New York Laws
Article 11 - Fire, Fire Alarm and Fire Protection Districts
172-A - Alteration of Boundaries of Fire Districts.

(a) Whether all the property and property owners within the districts
are benefited by such change.
(b) Whether all the property and property owners within the area of
such boundary change are benefited thereby.
(c) Whether it is in the public interest to grant the boundary line
changes as set forth in the memorandum of proposed change.
If and when the boards of fire commissioners shall determine in the
affirmative all of the questions set forth in this subdivision, the
boards may adopt a resolution jointly approving the boundary line
changes. Such joint resolution and memorandum of proposed change shall
be filed with the town clerk of the town or towns in which such
districts are wholly located and with the assessor of such town or
towns.
4. The proposed change of boundaries shall be deemed to have been
approved pursuant to this section in the event that no action is taken
by the town board or town boards, either approving or disapproving,
within thirty days of receipt of the memorandum of proposed change by
the town clerk or clerks. If the town board or town boards approve such
proposed change, such alteration of boundaries shall be deemed effective
upon the date of such adoption. If the town board of any one of the two
or more town boards in which the fire district is located disapprove
such proposed change of boundaries, then, within ten days after the

adoption of such resolution disapproving such change of boundaries the
town clerk of the town disapproving such change shall notify the fire
districts involved. Any fire district believing itself aggrieved may
within thirty days of receipt of notification commence an appropriate
proceeding in the supreme court of the state of New York in accordance
with article seventy-eight of the civil practice law and rules, naming
the town board or town boards as respondents.
5. In the event that the boundaries of a district having indebtedness,
either bonded or temporary, shall be altered pursuant hereto, such
district shall continue in law as it existed immediately prior to such
change of boundaries for the purpose of paying such indebtedness, and
there shall be annually assessed and levied upon and collected from the
taxable real property within such district as it existed immediately
prior to such alteration of boundaries, in the same manner and at the
same time and by the same officers as town taxes are assessed, levied
and collected, a sum sufficient to pay such indebtedness and interest
thereon as the same shall become due. All and only the real property
within the boundaries of the district as they exist after the alteration
thereof shall be liable for the payment of indebtedness incurred for the
purposes of such district after such alteration. For the purposes
hereof, such alteration of boundaries shall be deemed effective upon the
adoption by the boards of fire commissioners of the affected fire
districts of the resolution providing therefor, unless such resolution
shall specify some other date for such purpose, in which case such
alteration shall be deemed effective upon the date so specified.