Section 2-210. Review of decision  


Latest version.
  • 1.  The decision of the supervisor or
      supervisors as to the legal sufficiency of the petition shall be subject
      to judicial review in the manner provided in  article  seventy-eight  of
      the  civil practice law and rules. Such proceeding may be brought on the
      ground or grounds that said decision is illegal, based  on  insufficient
      evidence, or contrary to the weight of evidence. If the court determines
      that  additional  testimony  or  evidence  is  necessary  for the proper
      disposition of the matter it may take  such  evidence  or  testimony  or
      appoint  a  referee  to take such evidence or testimony as it may direct
      and report the  same  to  the  court  with  his  findings  of  fact  and
      conclusions  of law which shall constitute a part of the proceeding upon
      which the determination of the  court  shall  be  made.  The  court  may
      reverse  or  affirm  on  the  basis of law and fact as determined by the
      court.
        2. Such proceeding must be instituted within  thirty  days  after  the
      filing  of  the  original  copy  of such decision as required by section
      2-208 of this article.
        3. The proceeding may only be instituted by a resident in  a  town  in
      which a part of such territory is located.
        4. In addition to the requirements of said article seventy-eight:
        a.  Notice  of  such  a proceeding shall be given to the town clerk of
      each town in which any part of such territory is located. He shall cause
      same to be filed in his office.
        b. If the proceeding be brought to review a decision  adverse  to  the
      petition,  copies  of all papers in connection therewith shall be served
      on all persons designated by  objectors  to  the  petition  pursuant  to
      section  2-204  of this article and on all other objectors who have made
      no such designations and whose objections were submitted in writing  and
      signed.  Service  shall  be  sufficient  if made either personally or by
      certified mail with a return receipt.
        c. If the proceeding be brought to review a  decision  sustaining  the
      petition,  copies  of all papers in connection therewith shall be served
      on all persons designated in the petition to receive same.
        d. All  persons  served  pursuant  to  paragraphs  b  and  c  of  this
      subdivision  shall  be  parties  to  such  proceeding under said article
      seventy-eight.
        e. All issues in any proceeding hereunder shall have  preference  over
      all other civil actions and proceedings.
        5.  The successful party to any such proceeding shall file a certified
      copy of the decision and order in the office of the clerk of  each  town
      in which any part of such territory is located.