New York Laws
Article 17 - Municipal Annexation Law
711 - Determination After Hearing.

§ 711. Determination after hearing. 1. Within ninety days after the
hearing held pursuant to section seven hundred five of this article is
concluded, the governing board of each affected local government shall
determine by a majority vote of its total voting strength whether the
petition or joint resolution to initiate annexation complies with the
provisions of this article and whether, on the basis of considerations
including but not limited to those relating to the effects upon (a) the
territory proposed to be annexed, (b) the local government or
governments to which the territory is proposed to be annexed, (c) the
remaining area of the local government or governments in which the
territory is situated and (d) any school district, fire district or
other district corporation, public benefit corporation, fire protection
district, fire alarm district or town or county improvement district,
situated wholly or partly in such territory, it is in the over-all
public interest to approve such proposed annexation.

2. a. At such time, each such governing board shall adopt a resolution
which shall include findings with respect to compliance of the petition
or joint resolution to initiate annexation, with the provisions of this
article and with respect to the effect of such proposed annexation on
the over-all public interest. In the case of a governing board which has
executed any agreement described in subdivision two of section seven
hundred seven or subdivision two of section seven hundred eight of this
article relating to the assumption of indebtedness or other liabilities
or the disposition of property rights in the event of annexation, its
findings with respect to the effect of such annexation on the over-all
public interest shall be based on and include the terms and conditions
of such agreement to the extent applicable. Where no agreement as
described herein governs the assumption of indebtedness or other
liabilities or the disposition of property, such findings shall be based
on and include provisions concerning such assumption or disposition
prescribed in subdivision one of section seven hundred seven or
subdivision one of section seven hundred eight of this article, as the
case may be.

b. Each such board shall thereupon make and sign a written order
accordingly containing its determination and file copies thereof,
together with copies of the agreement, if any, the petition or joint
resolution to initiate annexation, the notice, the written objections,
if any, and testimony and minutes of proceedings taken and kept on the
hearing, in the offices of the clerks of all the affected local
governments. In the event that the governing board of an affected local
government does not make, sign and file a written order as required by
this section, such governing board shall be deemed to have approved the
proposed annexation as of the expiration of the ninety-day period
provided in subdivision one of this section.

3. A determination of a governing board of an affected local
government concerning a matter described in paragraphs a, b, c or d of
subdivision one of section seven hundred five of this article shall be
subject to judicial review as provided in article seventy-eight of the
civil practice law and rules except that it must be instituted as
therein provided within thirty days after the filing of such order as
required by subdivision two of this section.

4. If the governing boards of all the affected local governments shall
determine either that it is or that it is not in the over-all public
interest to approve the proposed annexation, such determination shall be
final and conclusive.

5. If any of such governing boards, but not all, shall determine that
it is not in the over-all public interest to approve the proposed
annexation, certified copies of the respective orders of such boards, in

addition to being filed as provided in subdivision two of this section,
shall also be filed in the office of the county clerk of each county in
which the territory proposed to be annexed is situated.