Section 765. General effect of consolidation  


Latest version.
  • 1.  On  and  after the
      effective date of a consolidation, the  consolidating  local  government
      entities  shall  be treated and considered for all purposes as one local
      government entity, under the name and on the terms  and  conditions  set
      forth  in  the  joint  consolidation  agreement or the elector initiated
      consolidation plan, as the case may be.
        2. All rights, privileges  and  franchises  of  each  component  local
      government  entity  and  all  assets, real and personal property, books,
      records, papers, seals and equipment, as well as other things in action,
      belonging to each component local government entity shall be  deemed  as
      transferred  to  and  vested in the consolidated local government entity
      without further act or deed.
        3. All  property,  rights-of-way  and  other  interests  shall  be  as
      effectually  the property of the consolidated local government entity as
      they were of the component local  government  entities  prior  to  their
      consolidation.  The  title  to real estate, either by deed or otherwise,
      under the laws of the state of New York vested in any of  the  component
      local government entities shall not be deemed to revert or be in any way
      impaired by reason of the consolidation.
        4.  The  consolidated local government entity shall in all respects be
      subject to all the obligations and liabilities imposed and shall possess
      all the rights, powers, and privileges vested by law  in  other  similar
      entities.
        5.   Upon   the   effective  date  of  the  consolidation,  the  joint
      consolidation agreement or the elector initiated consolidation plan,  as
      the  case  may  be, shall be subordinate in all respects to the contract
      rights of all holders of any securities  or  obligations  of  the  local
      government   entities   outstanding   at   the  effective  date  of  the
      consolidation.
        6.  If  a  joint  consolidation   agreement   or   elector   initiated
      consolidation  plan  provides  for  the  dissolution  of a local justice
      court, all court records of such court shall be deposited with a justice
      court judge to be designated by the administrative judge of the judicial
      district within which the  dissolving  justice  court  is  located.  The
      designated  justice  court  judge  shall  have  authority to execute and
      complete all unfinished business.
        * NB Effective March 21, 2010