New York Laws
Article 17 - Municipal Annexation Law
704 - Notice of Hearing on Petition or Joint Resolution to Initiate Annexation of Territory.

§ 704. Notice of hearing on petition or joint resolution to initiate
annexation of territory. 1. In the event it is proposed to annex
territory, the governing board or boards of the local government or
governments to which it is proposed to annex such territory and the
governing board or boards of the affected local government or
governments in which such territory is situated shall, within twenty
days after receipt of a petition or adoption of a joint resolution to
initiate annexation, respectively cause a notice to be published once in
its or their official newspapers, or, if there be no official newspaper,
in a newspaper published in the county and having general circulation
within the area of such local government or governments, as the case may
be. The governing board of each affected local government in which such
territory is situated also shall cause a copy of such notice to be
mailed to each person or corporation owning real property in such
territory as shown by the last preceding assessment roll and to all
persons residing in such territory qualified to vote for officers of the
city, town or village, as the case may be, in which such territory is
situated as their names appear upon the register of voters for the last
preceding general election. Where the territory to be annexed is
situated wholly or partly within a village, the governing board of such
village and the governing board of a town or towns in which such
territory is wholly or partly situated may provide by agreement for
joint publication and mailing of such notice. Failure to mail such
notice or failure of any addressee to receive the same shall not in any
manner affect the validity of the petition or joint resolution to
initiate annexation of territory or of any proceedings taken thereon
provided that the municipalities that adopted a joint resolution to
initiate annexation have demonstrated a good faith attempt to mail such
notice to each person or corporation owning real property as required by
this section. Such notice shall state that a petition for the annexation
of territory or a joint resolution to initiate annexation of territory
to the local government or governments (naming it or them and briefly
describing the territory proposed to be annexed thereto) has been
proposed, that at a specified place in one of such local governments on
a specified day not less than twenty days nor more than forty days after
the publication and mailing of such notice, which place and date shall
be specified therein, a joint hearing will be had upon such petition or
joint resolution to initiate annexation by such governing boards. Each
of such governing boards shall cause a copy of such notice to be mailed
not less than ten days prior to the date of such joint hearing to the
school authorities of any school district in which all or part of the
territory proposed to be annexed is situated and, where it is proposed
to annex territory to a city, to the school authorities of any school
district (a) adjoining the territory proposed to be annexed and (b)
located wholly or partly within such city. Each of such governing boards
shall also cause a copy of such notice to be posted on the website of
the local government, if one exists.

2. In a case where it is proposed to annex territory in a town or
towns to another local government or governments, the town board or
boards in which such territory is situated shall cause a copy of such
notice to be mailed not less than ten days prior to the date of such
joint hearing to the board of commissioners or other governing body of
each fire district or other district corporation, public benefit
corporation, and town improvement district operated by a separate board
of commissioners, situated wholly or partly in the territory to be
annexed.

3. In the event that any affected local government shall fail to
publish and mail such notice as required by subdivision one of this

section or in the event that the town board of a town shall fail to
cause copies thereof to be mailed as required by subdivision two of this
section, the governing board or boards of any other affected local
government or governments, if it or they deem it to be desirable, may,
during an additional twenty days following the forty day period now
provided in subdivision one of this section, amend and republish its or
their notices and, on behalf of such local government, town board, or
both, publish and mail such notices.