State Codes and Statutes

Statutes > New-york > Twn > Article-12-a > 209-g

§ 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.

State Codes and Statutes

Statutes > New-york > Twn > Article-12-a > 209-g

§ 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Twn > Article-12-a > 209-g

§ 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.