Section 195. Recording of determination; review by certiorari  


Latest version.
  • * 1. The town
      clerk  shall cause a certified copy of the determination or order of the
      town  board  adopted  pursuant  to  the  provisions  of  this   article,
      establishing,   extending,   dissolving  or  diminishing  any  district,
      consolidating districts 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, extension, dissolution or  diminution
      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 a determination or order by the
      town  board  establishing,  extending,  dissolving  or   diminishing   a
      district,  or  consolidating  districts,  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.
        * NB Effective until March 21, 2010
        * 1. The town clerk shall cause a certified copy of the  determination
      or  order  of  the town board adopted pursuant to the provisions of this
      article, or adopted pursuant to the provisions of article seventeen-A of
      the  general  municipal  law,  establishing,  extending,  dissolving  or
      diminishing  any  district,  consolidating  districts  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, extension, dissolution or diminution 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 a determination or order by  the
      town   board   establishing,  extending,  dissolving  or  diminishing  a
      district, or consolidating districts,  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.
        * NB Effective March 21, 2010
        2. Any interested person aggrieved by any final determination or order
      made  pursuant  to the provisions of this article may review the same by
      certiorari provided that the application for such order of certiorari is
      made 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  application has been made for review by certiorari within thirty
      days from the time of recording thereof. No review shall be  had  unless
      at  the  time  of  the application for a certiorari order the interested
      person seeking the review shall give  an  undertaking  approved  by  the
      supreme  court, or a justice thereof, as to form, amount and sufficiency
      sureties,  that,  in  the  event  of  failure  to  modify   said   final
      determination  or  order he or they will pay to the town board, all such
      costs and expenses as  are  incurred  by  it  on  account  of  the  said
      certiorari  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  order which shall be final and conclusive and
      such town board shall cause such order to be recorded and filed  in  the
      same places and manner as was the determination or order appealed from.