New York Laws
Article 12-A - Establishment or Extension of Improvement Districts--Alternate Procedure
209-G - Recording of Determination; Review by Certiorari.

§ 209-g. Recording of determination; review by certiorari. 1. The town
clerk shall cause a certified copy of the final order of the town board
adopted pursuant to the provisions of this article, establishing or
extending any district, 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 or extension 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 the final order by the town
board establishing or extending a district, 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 in
the manner provided by article seventy-eight of the civil practice law
and rules provided the proceeding is commenced 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 a proceeding
to review is commenced within thirty days from the time of recording
thereof. No review shall be had unless the petitioner shall give an
undertaking approved by the supreme court, or a justice thereof, as to
form, amount and sufficiency of sureties, that, in the event of failure
to modify said final determination or order he will pay to the town
board, all such costs and expenses as are incurred by it on account of
the said 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 judgment which shall be final and conclusive and
such town board shall cause such judgment to be recorded and filed in
the same places and manner as was the determination or order appealed
from.