2-208 - Decision as to Legal Sufficiency of Petition.

NY Vill L § 2-208 (2019) (N/A)
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§ 2-208 Decision as to legal sufficiency of petition. 1. Within ten days after such hearing is concluded the supervisor or supervisors jointly shall determine whether the petition complies with the requirements of this article and jointly shall make and sign a decision accordingly. If such supervisors cannot agree, the decision shall be deemed to be adverse to the petition. If the decision be adverse to the petition, the decision shall contain a brief statement of the reasons on which the adverse decision is based or the reasons on which the supervisor or supervisors deciding adversely to the petition were unable to join in a unanimous decision sustaining the petition.

2. The original of the decision, copies of the notice of the hearing together with affidavits of posting and publishing same, the written objections and the minutes of proceedings taken on the hearing including signed testimony shall be filed by such supervisor or supervisors within fifteen days after the hearing is concluded, with the town clerk of the same town in which the original copy of the petition was filed. Duplicate copies of the said papers shall be filed with the town clerks of all other towns in which any part of such territory is located.

3. If no proceeding be instituted to review such decision within thirty days after such filing of the original copy thereof, the decision shall be final and conclusive. In the event that the decision is adverse to the petition, a new proceeding for incorporation may be commenced immediately.