New York Laws
Article 2 - Incorporation
2-210 - Review of Decision.

§ 2-210 Review of decision. 1. The decision of the supervisor or
supervisors as to the legal sufficiency of the petition shall be subject
to judicial review in the manner provided in article seventy-eight of
the civil practice law and rules. Such proceeding may be brought on the
ground or grounds that said decision is illegal, based on insufficient
evidence, or contrary to the weight of evidence. If the court determines
that additional testimony or evidence is necessary for the proper
disposition of the matter it may take such evidence or testimony or
appoint a referee to take such evidence or testimony as it may direct
and report the same to the court with his findings of fact and
conclusions of law which shall constitute a part of the proceeding upon
which the determination of the court shall be made. The court may
reverse or affirm on the basis of law and fact as determined by the
court.

2. Such proceeding must be instituted within thirty days after the
filing of the original copy of such decision as required by section
2-208 of this article.

3. The proceeding may only be instituted by a resident in a town in
which a part of such territory is located.

4. In addition to the requirements of said article seventy-eight:

a. Notice of such a proceeding shall be given to the town clerk of
each town in which any part of such territory is located. He shall cause
same to be filed in his office.

b. If the proceeding be brought to review a decision adverse to the
petition, copies of all papers in connection therewith shall be served
on all persons designated by objectors to the petition pursuant to
section 2-204 of this article and on all other objectors who have made
no such designations and whose objections were submitted in writing and
signed. Service shall be sufficient if made either personally or by
certified mail with a return receipt.

c. If the proceeding be brought to review a decision sustaining the
petition, copies of all papers in connection therewith shall be served
on all persons designated in the petition to receive same.

d. All persons served pursuant to paragraphs b and c of this
subdivision shall be parties to such proceeding under said article
seventy-eight.

e. All issues in any proceeding hereunder shall have preference over
all other civil actions and proceedings.

5. The successful party to any such proceeding shall file a certified
copy of the decision and order in the office of the clerk of each town
in which any part of such territory is located.