Section 786. Court-ordered dissolution; judicial hearing officer

1. If
  the governing body of a local government entity with a duty  to  prepare
  and  approve  a  proposed elector initiated dissolution plan pursuant to
  section seven hundred eighty-two of this  title  fails  to  prepare  and
  approve  such plan or is otherwise unable or unwilling to accomplish and
  complete the dissolution pursuant to the  provisions  of  this  article,
  then  any  five electors who signed the petition seeking dissolution may
  commence a special proceeding against the  entity  pursuant  to  article
  seventy-eight  of the civil practice law and rules, in the supreme court
  within the judicial district in which the entity or the greater  portion
  of its territory is located, to compel compliance with the provisions of
  this article.
    2.  If  the petitioners in such special proceeding shall substantially
  prevail, then the court shall issue an injunction ordering the governing
  body to comply with the applicable provisions of this  article.  If  the
  governing  body  violates  the  injunction,  the  court  shall appoint a
  hearing officer pursuant to article forty-three of  the  civil  practice
  law  and  rules  to  hear and determine an elector initiated dissolution
  plan for the entity that complies with the provisions of subdivision two
  of section seven hundred eighty-two of this title.
    3. The final determination  of  the  judicial  hearing  officer  shall
  constitute  the final approval of the elector initiated dissolution plan
  and provide that such plan takes effect forty-five days after the filing
  of such determination, unless a petition for a permissive referendum  is
  properly  filed  pursuant  to  section seven hundred eighty-five of this
  title.
    4. 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 two of
  this section, shall be borne by the local government entity at the  rate
  provided  for in article twenty-two of the judiciary law and regulations
  promulgated pursuant thereto.
    * NB Effective March 21, 2010