Section 764. Court-ordered consolidation; mediation; judicial hearing officer

1. If the governing body or bodies of local government entities  with a  duty  to  prepare  and  approve  a  proposed  elector  initiated
  consolidation plan pursuant to section seven hundred sixty of this title
  fail  to  prepare  and  approve  such  plan  or  are otherwise unable or
  unwilling to accomplish and complete the consolidation pursuant  to  the
  provisions of this title, then any five electors who signed the petition
  seeking  consolidation  may  commence  a  special proceeding against the
  entities pursuant to article seventy-eight of the civil practice law and
  rules, in the supreme court within the judicial district  in  which  the
  consolidated  local  government  entity  or  the  greater portion of its
  territory will be located, to compel compliance with the  provisions  of
  this article.
    2.  If  the court finds that the governing body or bodies attempted in
  good  faith  to  prepare  and  approve  a  proposed  elector   initiated
  consolidation  plan  but  were nevertheless unsuccessful, then the court
  may refer such matter to mediation pursuant to law, with costs  of  such
  mediation  to  be  borne by the entities in such proportion as the court
  shall determine based on appropriate factors  including  population  and
  the good faith efforts of the respective entities. If the governing body
  or  bodies  thereupon  prepare  and approve a proposed elector initiated
  consolidation plan conforming to the requirements of subdivision two  of
  section  seven  hundred  sixty  of  this  title,  then the provisions of
  sections seven hundred sixty-one,  seven  hundred  sixty-two  and  seven
  hundred  sixty-three  of this title shall apply as if the governing body
  or bodies had proposed such plan without the  benefit  of  court-ordered
  mediation.
    3.  In  all other cases, if the petitioners in such special proceeding
  shall substantially prevail, then the court shall  issue  an  injunction
  ordering  the  governing body or bodies of the local government entities
  to comply with  the  applicable  provisions  of  this  article.  If  the
  governing  body  or  bodies shall violate the injunction, then the court
  shall appoint a judicial hearing officer pursuant to article forty-three
  of the civil practice law and rules to hear  and  determine  an  elector
  initiated  consolidation  plan  for  the entities that complies with the
  provisions of subdivision two of section seven  hundred  sixty  of  this
  title.
    4.  The  final  determination  of  the  judicial hearing officer shall
  constitute final approval of the elector  initiated  consolidation  plan
  and  provide  such plan takes effect forty five days after the filing of
  such determination with the clerk of the court, unless a petition for  a
  permissive  referendum  is  properly  filed  pursuant  to  section seven
  hundred sixty-three of this title.
    5. In any proceeding pursuant to this section in which the petitioners
  substantially prevail, the costs of such proceeding, including the costs
  of any judicial hearing officer appointed pursuant to subdivision  three
  of  this  section,  shall  be  borne  by  the  local government entities
  proportionately, at the rate provided for in article twenty-two  of  the
  judiciary  law  and  regulations  promulgated  pursuant thereto based on
  appropriate factors, including, but not limited to, population  and  the
  court's  findings  regarding  the  good  faith efforts of the respective
  entities.
    * NB Effective March 21, 2010