New York Laws
Article 12 - District and Special Improvements
195 - Recording of Determination; Review by Certiorari.

§ 195. Recording of determination; review by certiorari. 1. The town
clerk shall cause a certified copy of the determination or order of the
town board adopted pursuant to the provisions of this article, or
adopted pursuant to the provisions of article seventeen-A of the general
municipal law, establishing, extending, dissolving or diminishing any
district, consolidating districts or increasing the maximum amount
proposed to be expended for the improvement in any district or extension
thereof, or determining to construct any improvement authorized by this
article, to be duly recorded in the office of the clerk of the county in
which the town is located, within ten days after the adoption of such
order or determination by the town board, and when so recorded such
determination or order shall be presumptive evidence of the regularity
of the proceedings for the establishment, extension, dissolution or
diminution of such district, of the proceedings instituted for the
construction of such improvement and of all other action taken by said
town board in relation thereto.

Within ten days after the adoption of a determination or order by the
town board establishing, extending, dissolving or diminishing a
district, or consolidating districts, the town clerk shall cause a
certified copy thereof to be filed in the office of the state department
of audit and control at Albany, New York.

2. Any interested person aggrieved by any final determination or order
made pursuant to the provisions of this article may review the same by
certiorari provided that the application for such order of certiorari is
made within thirty days from the date of the recording of the certified
copy of the order or determination in the office of the clerk of the
county. The said determination or order shall be final and conclusive
unless application has been made for review by certiorari within thirty
days from the time of recording thereof. No review shall be had unless
at the time of the application for a certiorari order the interested
person seeking the review shall give an undertaking approved by the
supreme court, or a justice thereof, as to form, amount and sufficiency
sureties, that, in the event of failure to modify said final
determination or order he or they will pay to the town board, all such
costs and expenses as are incurred by it on account of the said
certiorari proceedings, as shall be determined by the court. In the
event that upon such review there shall be any modification by the court
of said final determination or order the court shall direct the
modification thereof by order which shall be final and conclusive and
such town board shall cause such order to be recorded and filed in the
same places and manner as was the determination or order appealed from.