New York Laws
Article 77 - Fines, Penalties, Forfeitures and Costs
3814 - Appeal to County Judge.

§ 3814. Appeal to county judge. 1. Whenever any officer mentioned in
section thirty-eight hundred twelve shall have complied with the
provisions of such section and the meeting shall have refused to direct
the trustees or board of education to levy a tax for the payment of the
costs, charges and expenses claimed by him, such officer shall
immediately give notice to such meeting that he will appeal to the
county judge of the county in which such district is located from the
refusal of said meeting to vote a tax for the payment of such claim.

2. Within ten days after the refusal of the meeting to allow such
claim such officer shall serve upon the clerk of the district or, if
there be no district clerk, upon the town clerk of the town, an itemized
statement of his claim, duly verified, together with a written notice
that on a certain day named therein such officer will present such claim
to the county judge for settlement.

3. The clerk upon whom such notice and claim are served shall file the
same in his office and such notice and claim shall be subject to the
inspection of any of the inhabitants of the school district.

4. The meeting at which notice of the intention of such officer to
appeal to the county judge is given or any subsequent district meeting,
duly called, may appoint one or more of the legal voters of such
district or authorize the trustee or board of education to employ
counsel to appear before the county judge at the time fixed for a
hearing on such claim and protect the rights of the district upon such
settlement. The expenses incurred in the performance of this duty shall
be a charge upon the district and the trustees or board of education
upon a presentation of the account of such expenses with proper vouchers
therefor shall pay the same from any available funds in the district or
include the necessary amount in a tax list to be levied upon the
district.

5. A refusal of the trustees or board of education to levy such tax
for the payment of such expenses shall be subject to an appeal to the
commissioner of education.