Section 209-G. Recording of determination; review by certiorari  


Latest version.
  • 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.